REPORT OF THE COMMISSION 



To Investigate The 



Oregon State Penitentiary 



MEMBERS 
LJ.WENTWORTH, PORTLAND, OREGON 

E. E. BRODJE, OREGON CITY, OREGON 

F. W. MULKEY. PORTLAND, OREGON 

Chairman 



Dated 
Portland, Oregon, 
January 26, 1917. 



h 



n6 
1 1 ( 



Report of The Commission 

Appointed to Investigate the 

Oregon State Penitentiary 



'To the Honorable, 

The Oregon State Board of Control: 

Gentlemen : 

The first proposition submitted to this commission 
by your honorable body was in effect that the com- 
mission outline an administrative system in reference 
to penitentiary treatment that shall be in accord 
with modern thought on the subject of penology. 
If this suggestion be given comprehensive treatment 
it would include the entire field of criminology and 
penology. It would include therefore every other 
problem submitted by your honorable body and 
contained in the separate propositions herein enu- 
merated as well as many others. 

Modern thought with reference to penology ein- 
1)i aces all the phenomena of crime and all plans of 
social defense against crime. The different schools 
that obtain today with reference to criminal theory 
and that furnish the basis for the state's activities 
in defense of the social order are designated as the 
classic ; the neo-classic and the positivists. or the 
anthropological or sociological school, also called the 
Italian school. The schools just named are given 
in the order of their appearance and the Italian 
school is that accepted by modern tendency. The 
penal systems of today, especially with reference to 
criminal codes, are largely predicated on {he classic 
or neo-classic theory. 

A narrower treatment of the proposition now 
under consideration would concern itself only with 
prison organization and discipline ; while the more 
comprehensive treatment would contemplate a dis- 
cussion of police detection, a penal code, criminal 
procedure, penal substitutes, criminal asylums, peni- 
tentiaries, work houses, houses of detention, houses 
of correction, county jails, juvenile courts, paroles, 
pardons, and a correlation of systems. 

The criminal problem cannot be solved by peni- 
tentiary organization and discipline; for the peni- 
tentiary system represents but a step in the process 
of social defense. It must have as an aid a sound 
system of criminal law both as to substance and pro- 
cedure; a system of penal substitute and a plan 



whereby a discharged prisoner may be returned to 
society under a supervision that shall act as a trans- 
ition between his prison life and freedom. There- 
fore, for your commission to concern itself only with 
prison discipline or organization, would in no way 
suggest an ultimate solution of the criminal problem 
as proposed by modern penology. Hence, in view 
of what has just been said, the commission under 
this head treats of the general tendencies of modern 
penology, leaving for separate treatment prison 
organization and discipline. 

Th classic theory was the basis of the penology 
of the century just passed. Punishment for crime 
was a uniform sentence of a fixed term for a like 
crime. "It presumed that those guilty of the same 
erime must have been equally free agents and each 
crim3 was presumed to involve, a like moral freedom 
and to impose a like responsibility.* ' This system 
did not take into account the criminal. It considered 
only the social and material seriousness of the crime. 
The impression this made upon the criminal is well 
expressed by Liszt. He says: "He (the criminal) 
knows just how far he may venture within the law; 
and if he brings the arm of the law down upon him. 
he knows precisely the risk he incurs. The ma'n 
point is to be a good sport and a good loser and 
consider the many successes as against the occasional 
failure. We are now beginning to recognize that in 
a situation of this kind the odds of the game do noi 
favor society." 

Of the classic system Saleilles says: "This penal 
system had the great merit of treating all alike and 
the still more indisputable merit of forming an ade- 
quate check against arbitrary sentences. But the 
equality thus realized may well be considered mo«t 
unfair in that it treated all men as mere digits. As 
applied to criminals, this equality in terms of pun- 
ishment, commonly ran the risk of introducing a 
cruel and intolerable injustice, in that it brought, 
together in perilous promiscuous association those 
guilty of the same crime, whether they happened to 
be first offenders, habitual criminals, men blinded 
by sudden passion of the moment, thorough degen- 
erates, those unaffected in character by their crime, 
or those whom the system had thoroughly contami- 
nated and who became the means of corrupting their 
associates. For all the punishment was similar or 
nearly so and upon this feature the system prided 
itself. But the equality was only in name and in its 
popular appeal, for the equality that justice demands 



is an equality of treatment for the same established 
degree of criminality." 

"As a system recognizing responsibility in its ob- 
jective aspects alone it considers only the material 
injury inflicted and in no measure the state of mind 
of the transgressor." 

The classic system assumes a fictitious responsi- 
bility: this largely accounts for the farce of many 
jury trials in criminal cases. A jury will not submit 
to the subtleties of legal assumptions. As Saleilles 
says: "They might be informed that every man 
accused of the same crime had a like responsibility 
and consequently should be given like punishment. 
But they were brought face to face with the de- 
fendant as he disclosed the details of his life, the 
impulses to which he was subject, the delusions that 
distorted his outlook, and the jury recognized that, 
quite apart from questions of insanit};, there may be 
degrees of freedom and consequently degrees of re- 
sponsibility. But having no power to grade the re- 
sponsibility, since the law made no such provision, 
they simply found for acquittal." 

The neo-classie system established or rather rec- 
ognized diminished responsibility, but it sought to 
mitigate punishment because of such diminished 
responsibility. 

Of the neo-rdassic school, Saleilles in his book. 
"The Individualization of Punishment," page 83, 
says: "The consequences of the new conception of 
responsibility are clear. If you start from the con- 
crete question of the freedom of the will and deter- 
mine to what degree a criminal act has been com- 
mitted in full freedom, you necessarily reach two 
conclusions: the first to exempt from punishment 
when it is established pathologically or psychologic- 
ally that freedom of the will was absent; and the 
second, to reduce the punishment when it is estab- 
lished that the defendant exercised . only a partial 
freedom." On the same page he says of this theory 
of responsibility, evidently from the standpoint 
of the new or Italian school: "The modern view 
regards the criminal as even more of a menace than 
the man suffering from disease or from tendencies to 
insanity. It would appear that the more dangerous 
he is, the more promptly he is restored to society. 
And yet this result seems to follow from an indi- 
vidualization based upon responsibility." 
The Italian School. 

The most distinguished representatives of this 
school are Lombroso, Ferri and Garofalo. The Italian 



school rejects the doctrine of the freedom of the 
will. With them crime is a natural product, a result 
of purely natural factors. With Lomhroso the fact- 
ors are almost wholly anthropological. With Ferri 
they are more particularly sociological. Of- this 
school Saleilles says, page 116: "Now let us con- 
sider the proposals of the Italian school and tin- 
necessary logical conclusions to which it is com- 
mitted. Man cannot control the directions of his 
in] pulses or of his moral propensities. According to 
Lomhroso crime is the inevitable issue of a patho- 
logical temperament, and according to Ferri it is ihe 
result of the social environment and economic con- 
ditions governing human existence. Hence punish- 
in 13 1 can have no social status either as a penalty or 
as disapproval. Atonement can only he exacted for 
a wrong which one was free to avoid, and reproof 
can be demanded only for evil issuing from an aci 
of free will. Punishment is only a means of public 
d fenso and security, analogous to the preventive 
measures taken against dangerous animals or insane 
men. Moreover there are no repressive measure:.; 
ther aie only m asures of prevention to check the 
repetition and dissemination of crime. What is 
( ang ] ous 'n the criminal and makes him a menace 
to society is not the crime once committed but the 
criminal himself; his personality, his temperament, 
ever leading him to further crime; the latent funda- 
mental impulses which, when acted upon by circum- 
stances, may break out into murder, theft or offenses 
against morality. How is society affected by the 
punishment of the crime or the failure to punish i; .' 
The evil done belongs to the past. Nothing remains 
but to repair the injury inflicted, if this is possible. 
The greater concern is to prevent crime in the 
future; and for this the criminal instinct in the 
criminal must be checked or suppressed, or if. as is 
most commonly the case, such a prospect seems un- 
realizable, it is the criminal who must be dispos d 
of. as would b * done in the case of a plague or a 
dangerous animal. It is with reference to evil 
potentiality, to the dread he arouses that prospec- 
tive measures must be framed. They must be di- 
rect d to reform in so far as any measure of im- 
provement yet remains possible or, if none is possi- 
ble, to elimination. Such approximately is the 
logical position of the Italian school. 

"In this view the crime committed has an alto- 
gether different status than that assigned to it 
by the classic school. It is no longer the fixation' 



point of punishment; it ceases to be the punishable 
factor. The older view recalls the primitive theory 
of the right of vengeance; as though one turned 
against the author of the injury to make him ex- 
piate it by subjection to punishment. Crime has no 
status except as a symptom of the criminal instinct 
of the agent, as an indication of his dangerous char- 
acter. There are no punishable actions, only indi- 
viduals to be placed beyond the range of doing 
harm; and crime serves to identify them." 

Such is the theory of the new penology. That it 
is being applied in prison administration is evident 
from the following taken from the 1916 report of 
the Board of Control and officers of the Michigan 
State Prison: 

"During the last biennial period, ending June 30, 
1914, the Michigan State Prison was transformed 
from the Old to the New — from the contract system 
to the State Account System — from the old penology 
to the new penology. It was during this preceding 
biennial period that' the management of the Michi- 
gan State Prison decided upon and established 
policies for the future control and development of 
the institution. It was during this period that a 
system was evolved to correct the criminal tendencies 
in a man, and restore him, rebuilt, to citizenship. 
The old penology, moved by a lingering spirit of 
revenge, demanded punishment for wrong doing, 
but under* the new, revenge is no longer recognized 
as a motive. A prison sentence is advocated as a 
deterrent to others, rather than vengeance upon the 
man himself. But fear of punishment does not al- 
ways deter, and any policy based on fear can chum 
but little of a constructive element, for fear is pri- 
marily destructive in its nature. 

"The modern idea of penal administration is based 
upon principles entirely different from the old. The 
purpose of imprisonment according to this concep- 
tion is two fold. First, the immediate protection of 
society by removing the offender from its midst 
when he has proven himself a menace to its peac ^ 
and welfare; and second, the reformation of the 
offender and his return to society. 

"The indeterminate sentence law operative in 
Michigan is based upon the idea that if tin 1 greatest 
good is to be accomplished, both for the offender and 
for society, the policies pursued must be governed 
fully as much by the character of the man as by 
the nature of the crime. It is not always possible 
at the time of the sentence to determine all of the 



causes leading up to the offense and no definite time 
or mode of treatment can safely be directed. The 
theory is that the business of the state is to cure, 
to correct the fault and rebuild, so far as may be, 
the broken lives committed to its care. Their cure 
can best be effected by maintaining the normal 
surroundings in prison, and the treatment of eaeb 
individual case must, to a large extent, be deter- 
mined by the prison management. 

"The work of rebuilding and training a man, 
and preparing him for good eitiz: nship consist:-; of 
two parts; that which is accomplished within the 
prison and on the prison farms, and that further 
assistance by society while the man is on parole. 
The work of reform in any penal institution may of 
itself be divided into two forms; one the breaking 
of old habits of vice, of drink, of dope, and of indo- 
lence; and- the other, the forming of habits of in- 
dustry and right living. This is accomplished by 
the system of. discipline, labor, education, religious 
training and recreation carried on in the institution. 

"No better cure can be found for the man broken 
by drink and drugs, than total abstinence, whole- 
some food, and plenty of work. If the work be of 
the right nature it will serve to regenerate a man 
physically, interest him. keep his mind active and 
occupied, as well as teach him a a trade at which 
he can earn an honest living when rel eased. 

"Another cause of crime, and perhaps in many 
cases the reason for the evil associates and bad 
habits, is the lack of education. A large majority 
of the inmates of the Michigan State Prison, when 
received at the institution, would classify only in 
the primary grades of public schools. Many of these 
men have had no opportunity to acquire an educ- 
tion, and we believe this has had no small bearing 
upon their ultimate failure. They lack the proper 
insight into life and its problems. To provide better 
education, the management of the Michigan State 
Prison, while laying the foundation for the future 
success of tire institution, conceived the plan of 
establishing a thorough and up-to-date school. 

"Thus, during the period covered by the preceding 
biennial report, the administration fixed its pur- 
poses, laid the foundation for its industries, and de- 
termined its policies with regard to discipline, re- 
ligious and educational training, finances, etc." 
Segregation For First Offenders. 

The commission does not believe in tin 1 segregation 
of first offenders as such. It is self-evident that a 



first offender may or may not be a person of inherent 
criminal tendency ; for there must of necessity be a 
time when the most hardened criminal was a first 
offender; again there is a percentage of cases of -"of- 
fenders that never commit more than one offense. 
The first problem of segregation then must be one 
that seeks to ascertain the causes or factors that 
make an individual commit crime and the causes and 
factors that make some offenders reform and others 
become recidivists (repeaters). An ascertainment of 
these factors by the study of the individual erim'nal 
rather than an attempt to find a criminal type or by 
placing too great importance to the character of the 
crime is the decided tendency of modern penology. 

If an offender be found to be an incorrigible, it is 
manifest that there can be no hope for his reforma- 
tion. Society, as a matter of protection to it: If, 
must, in such a case, seek to permanently remove 
the offender. The well being of the social requires 
that the unreclaimable, the anti-social, be disposed 
of by process of elimination. 

If the offender be found to be an occasional 
criminal or a criminal by contracted habit the state 
must undertake the task of his reformation. In 
addition to the treatment of the incorrigible and 
occasional criminal the state must provide a system 
of punishment that shall act as a determent. 

The object of punishment then is to eliminate, 
reform or to deter; and the individualization of pun- 
ishment is the application of the one or the oilier 
of these principles. If the principle is applied by 
the legislative power of the state the individualiza- 
tion is what is called legal individualization ; prop- 
erly it should concern itself with the application of 
determents. The indivdualization by the judiciary 
is called judicial individualization; it is applied by 
sentence and may be manifest in the fixed term, 
suspended sentence, indeterminate sentence and pro- 
bation and parole. The judicial individualization 
acts under legislative grant and limitation. Under 
present application it is the most unsatisfactory 
method that could be devised for the reason that it 
looks to the objective, the crime, rather than the 
subjective, the criminal. It makes the punishment 
fit the crime, regardless of the agent. It says that 
the power to distinguish between right and wrong 
is the test of responsibility for criminal acts, and 
when the ability to distinguish between right and 
wrong is wanting or is diminished, it mitigates 
punishment. 



■ 8 

Individualization by prison authorities or separate 
boards and by the executive pardoning power is 
called administrative individualization. On admin- 
istrative individualization lies the approach to a 
better solution of the criminal problem. 

When public opinion shall fully accept administra- 
tive individualization — it will retain legislative de- 
terments, limit the province of the judge and jury 
to the ascertainment of the commission of the crime, 
the identification of the accused as the agent of the 
ciime. and the facts of self-defense; and place with 
administrative processes the question of responsi- 
bility, and reformation. 

Until this is done there can be no hope that segre- 
gation of first offenders will operate as a remedial 
principle. To mix into one group incorrigibles and 
occasional criminals, even though they all be first 
offenders, solves nothing. The only advantage it 
has is that possibly all are young in criminal ways, 
at bast it may be presumed so because all are first 
offenders. It would be far better to turn all first 
offenders free, except those of the most evident 
criminal tendencies, than to indiscriminately mix 
them in personal contact. 

The great trouble in the solution of the criminal 
problem is that public opinion is formed by contact 
with isolated cases. Many believe that crime is the 
i-( suit of economic causes. Others believe that all 
criminals are more or less insane. Still others, that 
all criminals are bad" men — once a criminal, always 
a criminal — yet these facts stand out beyond dispute : 

1. That not all persons, who are pressed by the 
stress of economic conditions, commit crime. 

2. That some criminals measure normal to every 
known test for insanity or moral insanity. 

3. That not all offenders are recidivists or re- 
peaters. 

It must be concluded therefore, that no one factor 
is the contributing cause for crime. The criminal 
may be the product of the simple or the complex. 

Again, it is possible that the recidivist or repeater 
is not an incorrigible. In the first place he may 
have been an occasional criminal, the association 
with prison treatment may have made him a re- 
cidivist, He may still be susceptible to reformation. 

The unrestricted application of segregation of 
first offenders, neglects a consideration of every one 
of these factors. 

The proper basis for a segregation is to ascertain 
the high percent of factors contributing to the de- 



linquency or recidivism of a large group of criminals 
and segregate in accordance with persistent or fre- 
quently recurring factors. Such a method in the 
individualization of offenders obtains in the Juvenile 
Court of Chicago and is applied by Dr. William 
Healy, the Psychopathic Director. Of the system 
lie says, in his work, "The Individual Delinquent,'" 
page 33 : ' ' Our conception of working methods starts 
with the premises that a sound procedure for under- 
standing and treatment of delinquency is only found 
in a well-rounded survey of the individual and the 
driving forces of his career. To this end there must 
I,e a cross study of the offender, just as complete as 
it is practical)! e, including data derived from the 
standpoint of social, medical and psychological in- 
vestigations. From such a cross study the diagnosis 
must be derived by thoughtful consideration and 
the prognosis or predictabilities carefully rendered." 

In his work Healy gives the causitive factors de- 
lei mined by a study of 823 young recidivists (that 
is persons convicted of more than one offense). He 
divides the causitive factors into three classes, they 
are : 

1 — Main or major factors, 

2 — Minor factors, 

3 — Total number of times appearing as a factor. 

II found that out of the 823 cases mental ab- 
normalities and peculiarities appeared as a main or 
major factor 455 times and as a minor factor 13;') 
times, a total of 590. Defective home conditions, 
including alcoholism, as a major, 162 times, as a 
minor factor 394, a total of 556. Mental conflict as 
a major 58 times, as a minor 15 times, a total of 73. 
Improper sex experiences and habits as a major 46 
times, as a minor factor 145 times, a total of 192. 
Bad companions as a major 44 times, as a minor 235 
times, total 279. Abnormal physical conditions, in- 
cluding excessive development, as a major 40, as a 
minor 233 times, a total of 273. Defective or unsatis- 
fied interests, including misuse or nonuse of special 
abilities, as a major 16 times, as a minor 93 times, 
a total of 109 times. Defects of heredity as a minor 
502 times and defective early developmental condi- 
tions as a minor 214 times. 

Minor 3 Total a 

Deliberate choice Major 1 Total 1 

Sold by parent Major 1 Total 1 

I've of stimulants or narcotics.. Minor 92 Total 92 

Experiences under legal detention Minor 15 Total 15 

Educational defects, extreme .... Minor 20 Total 20 

This result has special bearing on the segregation 
of offenders. It shows that recidivism in more than 



10 

50 per cent of the cases is due to mental abnormal- 
ities and peculiarities. A detailed study of these 50 
per cent factors shows that recidivism is apt to be 
patheological. 

His analysis of the 455 factors of mental abnormal- 
ities and peculiar mental characteristics is as follows : 

Defective Types. 

Major Factor. Minor Factor. 

Poor native mental ability 6 5 

Feeblemindedness, subnormality 87 

Feeblemindedness, imbecile 5 

Dull, perhaps from ascertained physical 

causes, including some cases of epilepsy 2 8 5 
Specialized defects, including defect in 

lelf control .'.-.. 16 8 

Aberrational Types. 

Major Factor. Minor Factor. 

Epileptic mentality — variable 60 

Hysteria — with well marked mental mani- 
festations ' 12 2 

Psychoses. 

Major Factor. Minor Factor. 

Paranoia 4 

Dementia percox 6 

Juvenile paresis 1 

Maniac depressive insanity 2 

Confusional excitement during pregnancy. 1 . . 

Major psychoses not further classified. . . 34 
Minor psyche ses not further classified — 

this includes some cases of so-called 

menstrual psychoses 17 1 

Adolescent or pubertal, temporary 4 

Choric psychoses 2 

Traumatic psychoses 3 

Hyponnnia, constitutional excitement . . . 2 

Amnesic luges 1 

Temporary psychoses 3 . . . 

Peculiar Mental Characteristics 

Major Factor. Minor Factor. 

Adolescent instability, marked cases 30 61 

Social suggestivity, extreme 9 6 

Love of adventure, extreme 5 5 

Marked sensual type 6 10 

Constitutional inferiority, including marked 

neurasthenic and psychopathic types . . 20 2 
Extreme stubborn, reckless, self-assertive 

type ! 3 3 

Marked criminalistic impulses on unan- 

alyzed mental basis 12 

Extreme laziness, in spite of very good 

physical and mental endowment 1 

Hypersensitiveness 2 l 

High mental ability — only in connection 

with unsatisfied interests '■'< 2 

Obsessed by mental imagery 1 5 

Racial characteristics, extreme. negro, 

Indian, or both 3 5 

If 50 per cent of recidivists, as shown by these 
823 cases, bears a constant or an appreciable ratio 
in general criminal phenomena and the mental de- 
fects be pathological, it is evident that the penitenti- 
ary system of punishment, that assumes an under- 
standing of responsibility for criminal acts and 
further seeks to restore the transgressor to society 
as cured after a sentence, either fixed or indeter- 
minate, based upon good prison conduct, is predi- 
cated upon false principles as to such mental defect 
eases. 

The first principle of segregation, then, is to ascer- 
tain the hopeless mental defect cases and, as to them. 



11 

abandon the attempt to restore them to society at 
all. As to them the principle applicable should be to 
permanently remove them from their social environ- 
lii nts by life detention in a state institution. The 
siaie does not hesitate to do this with the insane. 
Why should it hesitate to do it with the mentally 
incurable defectives? When once the criminal tend- 
ency is found to be attributable to irresistible mental 
delect factors, the state's only remedy is that of 
i imi nation. This would be drastic, but if safely 
applied would be unobjectionable. 

Healy divides the subject of the individual delin- 
quent, for the purpose of a comprehensive basis, into 
the following: 

The Mental Basis of Delinquency. 

a — ~'.i:duct. an expression of mental life. 

b — Practical bearings of the psychological viewpoint. 

c — Importance of mental abnormality. 

d — Psychological standpoint, taken alcne, unsafe. 

e — Specific features of mental life underlying delinquency. 

General Survey cf Working Methods, 
a — The observer and his attitude. 
b — Privileged communications. 
c — ?revi .us training of observer. 
d — Age of examiner, 
e — Types of study, 
f — Sources of information 
g — Place of observation, 
h — Extent of study of case 
i — Office and equipment. 
j — assistants. 

Concerning Delinquents. 
a — Family history, 
b — Developmental history. 
c — History of environment, 
d — "Tc^tal and moral development, 
e — Anthropometry, 
f — Medical examination, 
g — Psychological examination. 
h — Record of tests. 
i — Record of psychological analysis. 
-Medical methods. 

Psychological Methods. 
a — General statement concerning psychological methods. 
b — Anamnesis. 

c — Method of giving mental tests. 
d — The mental tests. 
e — A plan of psychological inquiry, 
f — His development of performance tests. 

(1) Test for level of general intelligence, 
g — Binnet tests. 

(1) Test for schcol work, 
h — Interpretation cf educational tests. 

(1) Tests for special abilities and functions. 
i — Special capacities and tests for them, 
j — Memory powers, 
k — Ability to give testimony. 
1 — Powers of attention. 
m — Motor co-ordinaticn. 
n — Associative processes. 

o — Perception of form and color relationships. 
p — Learning ability. 
q — Ability to profit by experience, 
r — Language ability, 
s — Arithmetical ability, 
t — Mental representation and analysis. 
u — Foresight and planfulness. 
v — Visual perception and analysis. 
w — Judgment and discrimination, 
x — Suggestibility. 
y — Will power. 
z — Appreception. 
al — Moral discrimination. 



12 

bl — Following instructions. 
cl — Vocational tests. 
dl — Special abilities. 
el — Mental content and interests, 
fl — Interpretation of mental tests. 
gl — Enumeration cf disturbing conditions. 
hi — Norms tests. 
il — Danger of insufficient data, 
jl — Classification of tests. 
kl — Psychoanalysis. 
11 — Psychological impressions, 
ml — The Psychogram. 
nl — Summary of case. 

The Basis of Valuable Statistics. 

a— Characteristics of groups cf cases. 

b — Interpretation of statistical findings. 

e — Summary of causative factors by groups and totals. 

d — Analysis o£ mental abnormalities and peculiar mental char- 
acteristics. 

e — Analysis of defective home conditions. 

f — Analysis of mental conflicts. 

g — Analysis of improper sex experiences. 

h — 1 .(•: companions. 

i — Analysis of abnormal physical conditions. 

J — Analysis of defective and unsatisfied interest-. 

k — Analysis of early developmental conditions. 

1 — Analysis of mental shock, 
m — Analysis of stimulants and narcotics. 

n — Experiences under legal detention. 

o — Statistics of psychological classification of 1,000 repeated 
offenders. 

p — Male offenders. 

q — Female offenders. 

r — Statistics of weight correlated with age. 

s — Statistics of stigmata of degeneracy. 

t — Epilepsy among 1,000 repeated offenders. 

u — Numerical family table in 1,000 repeated delinquency. 

v — Family conditions, 
w — Illegitimacy in 1,000 repeated offenders. 

x — Birthplace of offenders. 

y — Birthplace of parents. 

z — Previous institutional life, 
al — Religion, 
bl — Education, 
cl — Alcoholism cf parents, 
dl — Statistics o 1- . heredity. 

Methodological Conclusions. 

a — Bearing of findings in classification. 

b — Casual types may be differentiated. 

c — Studv of mental life most direct way of getting at the 
casual factors. 

d — Social predictability of the given case. 

e — Intricacy of causatb.n 
Fundamental Ideas of Treatment as Derived fro^ Observation. 

a — "^unishment is necessary. 

b — Defect self control nc excuse- for legal freedom. 

c — "T'unishment should not harm the offender. 

d — Mental life and moral dangers during custody. 

e — Effect upon offenders of attitude toward him. 

f — Danger of deceit in treatment. 

g Advantage of beginning treatment early. 

h — Causation often net obvious. 

i — Organization of courts for hotter treatment. 

j — Treatment of physical causes. 

k — Treatment of mental causes. 

I — Treatment of environment, 
m — Treatment in institutions. 

n — Good treatment can only come through understanding and 
following up. 

Undoubtedly the best means to combat crime is in 
the treatment of the young. It seems to be agreed 
by all authorities that the tendency to commit crime 
appears very early in life. If this be so, it is of great 
importance that the state meet the situation before 
the criminal agents have much opportunity to inflict 
harm on society. The proper place to organize and 
apply such combative methods is in the juvenile 



13 

courts, in schools for defectives and in a system of 
compulsory institutional commitment of the feeble- 
minded. The control of each of these agencies as to 
the organization, administration and processes 
should be a central control under state officials. 
Decentralization in such agencies leads to indifferent 
and superficial methods, high administration cost 
and complete lack of co-ordination. The methods 
should have available psychological and medical 
laboratories and employ the services of competent 
and skilled observers. Such methods would result 
in a psychopathetic institute for study and applica- 
tion of methods, introduction of classifications and 
applications of criminalistic therapeutics as now ob- 
tains in the Chicago Juvenile Court. Such an insti- 
tute should be made available to the juvenile courts 
of the state, the State Penitentiary, the Boys' and 
Girls' Training Schools, the School for Feeble- 
Minded and Schools for Defectives. 

The central authority should inspect the schools 
of the state and have power to remove defectives 
from such schools and assign such subjects to the 
proper institution. 

As a preliminary step in such a contemplated or- 
ganization the extension services of the Exp^ri- 
mental Psychology Department of the State Uni- 
versity and the medical department of the State 
Hospitals for the Insane and of the State Universitv 
should be employed. Until such an institute has 
been organized an attempt should be made to apply 
such indirect methods by the organization of a visit- 
ing staff of physicians and psychologists for the 
St-^tc Penitentiary to assist a resident physician. 

That the tendency for the application of psycho- 
pathic methods in segregation is being employed in 
modern practice we beg to cite the following — "Re- 
view of Robert II. Gault of ."Our Criminal Problem 
from the Standpoint of Classification and Segr-\°^- 
tion," by Dr. Edith R. Spaulding, of the State Re- 
formatory at Framingham. Mass. This review ap- 
pears in Vol. 6, issue No. 4 of the Journal of Crimi- 
nal Taw and Criminology — November, 1915. Dr. 
Spaulding's conclusions are as follows: 

"If the criminal problem is one of treatment of 
the individual for a deficiency rather than of pnr- 
ishment for the crime committed, the following 
fundamental provisions for the administration of 
such treatment are necessary: 

"1 — Adequate provision by the state 4 for the per- 
manent custodial care of all committed cases of 



14 

mental defect, whether or not they have a court 
record. 

"2 — The establishment of laboratories in our 
courts and correctional institutions for the study 
and diagnosis of all offenders. 

"3 — The equipment of all our institutions with 
facilities for classification and treatment of ihe 
various types'. Such a classification will necessitate 
separate buildings, at least one of which should be 
equipped for hydrotherapy. 

"4 — The adoption of an indeterminate sentene 
which shall enable us to treat patients until they are 
able to return with safety to the community.' ' 

Such methods seem to be employed in the Indian;; 
State Prison. See the article, "The Clinical Study 
of the Habitual Criminal, "j by Dr. Paul E. Bowers, 
physician in charge of Indiana State Prison and 
President of the Prison Physicians' Assoc'ation. 
found in the proceedings of the Annual Congress of 
the American Prison Association for 1914. page 2cl. 
Dr. Bowers gives a study of 100 recidivists and 
recites the mental status as found among that num- 
ber to b^ as follows: Insane 12. feeble-minded 23, 
constitutional inferior 38, psychopaths 17, epileptics 
10. Of these he says : " It is easy to see even from 
the most superficial study of these figures that thes;- 
100 habitual criminals are defective. This i^ 
especially apparent when we stop to think that 75 of 
them did not. even reach the sixth grade and that 7 
were wholly illiterate. Some objection may be of- 
fered against this conclusion, but this is eas'ly ovei- 
come by the fact that opportunities for education 
were good in the majority of cases. The real cau* 
of the lack of education was the inability to ars-i: 
ilate that which was taught them because of ment; 1 
defect and such physical conditions as poor eyesight, 
adenoids, defective hearing, which had a tendency 
to create a distaste for study and a state of incor- 
rigibility. 

"I did not find these prisoners to belong to any 
distinct anthropological type. They were, however 
in mental and physical status below the average in- 
dividual living at liberty. The marks of constitu- 
tional inferiority were uniformly present. Among 
the chief anatomical defects noted were malforma- 
tions of the skull, teeth and palate. The physi- 
ological stigmata were very much in evidence. I 
found perversions of the sexual instincts, defects of 
speech, disorders of the sensory nervous system, 
which included varying degrees of insensibility to 



15 



pam. 

''The psychical stigmata were sharply defined, 
showing an exaggerated amount of egotism, inabil- 
ity of continuous application to manual work or 
study, ill balanced mental activity, moral anesthesia 
and emotional instability. The aesthetic taste was. 
many times, depraved ; tattooing was quite frequent, 
especially of the obscene variety." Mis conclusion 
is as follows: 

"It is evident after the study of these 100 habitual 
criminals that crime, its manner of classification, and 
its various modes of punishment have received more- 
attention than the prisoner himself. We have treated 
the symptoms of social pathology rather than the 
cause. Punishment has exerted little if any influ- 
ence upon the 100 prisoners, and more than 1,200 
years of confinement and the application of the 
usual methods of reform have failed to convert them 
into useful, law-abiding and self-supporting citizens. 
What permanent advantage can accrue to the state 
to arrest, convict and sentence a defective individual 
with criminal propensities to a penal institution and 
then release him at the expiration of his sentence 
uncured, still defective, more anti-social and a great- 
er menace to the welfare of society than he was 
before incarceration? This manner of dealing with 
the defective delinquent is inadequate tor the pio- 
tection of the public and unjust to the prisoner. 

"If the number of men I have studied can be 
taken to be representative of the habitual criminal 
class, and I believe they can, allowing of course for 
a few exceptions, 1 feel justified in offering die 
following conclusion : 

"Despite our reluctance to admit it, the fact is. 
and the same can be demonstrated, that the recidivist 
is a mental defective no matter what the externa] 
circumstances may be. Habitual criminality is one 
type of reaction of inherent or acquired degeneracy 
to temptations to vicious economic and soc al condi- 
tions of the present complex state of civilization. 

"It is apparent since th recidivist is mo ■ or 1 • «? 
mentally defective, and therefore to the same degree 
more or less irresponsible, he should receive medical 
and educational treatment primarily, and in addition 
religious and ethical teachings. 

"Our prisons and reformatories are maintained a: 
tremendous cost and I do not think that the ruH'e 
should be compelled to build separate institutions 
for the defective delinquent. The medical and 
physical criminal nature of the problem should be 



16 

recognized and our prisons should take on more the 
character of a hospital and school of mental and 
physical hygiene for the development of physical 
and moral manhood. 

■ In dealing with prisoners we must always bear 
in mind this fundamental principle: There are phys- 
ical defects to be remedied, there are mental twists 
to ho straightened, there are wrong perspectives of 
life to he corrected, there are false attitudes towards 
society to he obliterated ; the work of the modem 
•should he, and will be when we reach the hu- 
manitarian and scientific level where we belong, 
the work of a well organized hospital for the sick, 
a sp: cial school for the miseducated and a training 
field for the morally awkward and the weak." 

In 1912 there was established in the Indiana Re- 
formatory a department of research. There was 
added t > the medical department psychological and 
sociological departments and the medical department 
was r. organized with a view of correlating these 
(hree branches of the department of research. An 
institutional court was established, consisting of the 
Consulting Physician, Psychologist, and Superin- 
tendent of Schools, and every inmate, reported for 
infraction of rules, is tried before this court and 
every element of his case carefully considered. In 
discussing this system David C. Peyton, Superin- 
tendent of the institution, says: (See proceedings- 
American Prison Association 1914, pages 257 and 
258) "No one actively engaged in the treatment of 
the criminal class doubts the truthfulness of th 
statement that they are of very low mentality, and 
yet the limited results of scientific investigation can 
scarcely be said to have furnished sufficient data to 
entirely prove this conclusion. However, the returns 
from the laboratory investigations are of very valu- 
able significance and justify the statement that at 
least one-half of the population of our institutions 
are subnormal. 

l> investigations that go to make up the mental ex- 
amination are in the following fields: perception, 
association, memory, reason, orientation, fatigue, 
mental activity, motor- control, moral appreciation. 
ability to profit by experience, attention, general 
information, general interest and ability to plan. 
Each subject is given the Binet-Simon test, while the 
observations are made as to the results of formal 
educational experience, ability to carry on conver- 
sation and the nature of the reaction to natural and 
artificial environment. 



17 

•■In addition to this, inquiry is made into the 
social condition of the parent, and knowledge of the 
religious tendencies and habits together with nativ- 
ity, occupation, economic conditions of the parents 
is also sought. The medical examination furnishes 
the second factor in the case while the. final element 
is determined by the outcome of the psychological 
tests and observations. Not only is it necessar}^ to 
attempt to discover the chief cause, but the contrib- 
uting causes as well, of the original activity in these 
defectives, and a rather careful diagnosis is at- 
tempted." 

It is therefore recommended that a medical de- 
partment be added to the State Penitentiary with 
psychological and sociological branches. That the 
medical department have a resident physician and 
that there be properly equipped medical and psy- 
chological laboratories available for his use. That 
he be required to make blood tests of inmates for 
the detection of venereal diseases and that the medi- 
cal examination of inmates cover the following field 
as outlined by Healy : 

MEDICAL EXAMINATION. 

a — Perscnal cleanliness — vermin, etc. 
b — Weight, height. 

c Development. 

d — Nutrition. 
e — Deformitv. 
f — Attitude. 
a — Expression 
h — Speech, 
i — Thiroid gland, 
j — Nose, 
k — Throat. 

1 — Thoracic viscera : heart, lungs, 
m — Abdominal viscera. 

n- — Teeth: special attention Hutchinson teeth, carious and im- 
pacted condition. 
c — Temperature — pulse — -blood — urine, 
p — Genital organs. 

(1 — Trophic ccrditions: muscle — skin— bones, 
r — Functions cf digestion, circulation, etc. 
? — ^Mental (very important) 

1 — perception: hallucinations, illusions, clouding of con- 
sciousness. 

2 — association processes. 

3 — attention. 

4 — judgment; delusions, orientation, etc. 

5 — memory. 

6 — emotions: many abnormal variaticns. 

7 — abnormal physical sensations. 

8 — physical control. 

9 — mental control. 
10— moral control. 
T — Cranial nerves: 

1 — - — vision — visual fields — optic discs. 

3 — 4 — fi — -pupillary form and reactions — strabismus — 
ocalar movements — nustagmis, ptosis, diplopia. 

5 — motor — sensory. 

7 — paralysis — tics. 

8 — hearing — subjective auditory disturbances, 
u — Sensory : 

1 — headache. 

2 — vertigo. 

3 — pain. 

4 — tactile sense. 

5 — temperature sense. 

6 — joint sense. 



18 



7 — vibratory sense. 






8 — paraethesias. 






v — Motor : 






1 — upper extremity. 






2 — lcwer extremity. 






3 — trunk. 






4 — coordination. 






5 — tremor. 






6 — gait. 






7 — tonicity. 






w — Reflexes : 






1 — conjunctival. 






2 — palatial. 






3 — pharyngeal. 






4 — abdominal- — upper. 


lower, 


right, left. 


5 — cremasteric. 






6 — plantar. 




< 


7 — jaw. 




* 


8 — arm. 






9 — knee jerks. 






10 — ankle jerks. 






1 1 — micturition. 






1 1 — defecation.. 







It is also recommended that the Medical depart- 
ment, in connection with the Warden, keep a Bio- 
graphical Ledger in accordance with the facts of the 
daily life of inmates and that such ledger be made 
available to the Parole Board, so that a better in- 
sight of the character of applicants for parole may 
be obtained by the board. The Biographical Ledger 
prepared by Ottolenghi is recommended and it is as 
follows : 

BIOGRAPHICAL LEDGER. 

Psychical Characteristics and Biographical Iaformf-tioa, 

(The officer will underline the quality of the characteristic, or AU 

out the space as he makes his observations.) 

Psychical Char?cteristics 

intelligence and its manifestations — deficient, ordinary, high, cunning, 
sincerity, excited, depressed, unbalanced, raving. 

Manual occupations — skillful, ordinary, clumsy. 

Reading — whether he reads or not, the books he prefers 

what periodicals 

Writing — handwriting, childish, ordinary, careful, conventional letters, 
peculiar signs, secret writing, aptitude for writing — little, ordi- 
nary, developed. 

Culture- cle'icient, ordinary, fair, high, language he k7v>\vs 

publications 

Speech — talkative, laconic, silent, careful, vulgar, obscene, whether 
he knows slang or not. 

Carriage — ordinary, vain, dejected, timid. 

Facial expression — intelligent, indifferent, restless, frightened, stu] id, 
gocd, gay, sad, changeable, calm, open, suspicious, false, insolerl, 
timid, distracted. 

Temperament — calm, restless, emotional, not emotional, uniform, 
changeable, apathetic! excitable, violent, balanced, unbalanced, 
maniacal. 

( haracter — weak, easily influenced, strong, obstinate, constant, incon- 
stant, mild, brusque, merry, indifferent, sad, selfish, altruistic, 
expansive, reserved, timid, proud, insolent, sociable, misanthropic, 
sincere, hyprocritical, simulative, scrupulous, honest, dishonest. 

Behavior — in family, with parents, with wife, does he live with her 
or not, does he treat his wife well, does he live with his children 
or' not, does he look after them or not, does he support or exploit 
his wife, does he live with another woman, has he abandoned his 
children, does he treat ihem well or not, does he support or 
exploit them. 

Industry — works assiduously, little, does not work, unemployed, 
change occupation, does he take part in strikes — actively or 
passively, the opinion he has of his employer 

Attitude in business — enterprising, adventurous, without initiative, 
honest, net very, scrupulous, rascal. 

Sexuality — accentuated, ordinary, abnormal 

Religiosity — believer, unbeliever, does he practice his religious exer- 
cises cr not, pious. 

Dissipation — prodigality — yes or no. 

Inclination to vagrancy — yes cr no. 



19 

Vices — drunkard, gambler, fond of women, debauchee. 

Litigation — is he inclined to contest in law or not. 

Impulsiveness — brutality — -yes or no. 

Attitude toward authorities — obsequious, arrogant, scornful, rebellious, 
mistrustful. 

Relation with suspects — (malefactors, prostitutes, etc.) yes or no. 
■-V dominant criminal aptitude — 

Dangerous — 

Signs of regeneration — 

Biography. 

Family — parents, brothers and sisters, wife, children, conditions of 
life, economic conditions, morality, mental state of each. 

Childhood and youth — behavior in the family. 

Behavior at <chool and in charitable institutions. 

Behavior in the House of Correction. 

Aptitude shown — for study, work, vagrancy, pauperism, delinquency, 
vicissitudes in work, in business and in family matters. 

Military life — behavior, rank, offenses. 

Pivil life — mode ci life, employments, reputation. 

Men acquaintances. 

"" .men acquaintances. 

Change of domicile. 

Vicissitudes abroad — occupation, journeys, acojuaintances, expulsion. 

Vicissitudes in jail — during period of vigilance, insubordination, re- 
bellion, simulation, attempt tc commit suicide, etc. 

r-mpr.rtint events in which he took part, 
hysical infirmatives. " 

Mental infirmatives. 

Epileptic fits, hysterical fits, paranoias, excitement, olepression, 
suicidal attempt. 

The Parole Board, the Parole Officer, and Their 
Powers, Duties and Responsibilities. 

The organization and powers and duties of the 
^luol-e I oard end the Parole Officer are found in 
Laws of Oregon, 1915, Chapter 176 (page 216) and 
Laws 1911. Chapter 127 (page 172). As originally 
organized by Chapter 127 of the Laws of 1911, the 
j 1 ! card consisted of the Superintendent of th" 
Penitentiary and two other residents of the state ap- 
pointed by the Governor. This act did not in direct 
terms create a parole officer. The act provided for 
the ;ii Dointment of a secretary by the board. The 
authority of the board under this act was ample to 
enable it to create a parole officer to perform duties 
i"cl -r the direction of the board. 

Under the act of 1915 (Chapter 176) the organiza- 
tion of the parole board was changed, a parole offi- 
e r was created and his duties made more or less 
statutory. In addition to these provisions it was 
made the duty, by the act, of circuit judges, when 
exercising the power of parole as by law vested in 
them, to make it a written condition of the parole, 
when the defendant was not paroled to another, 
that the paroled defendant report to the parole 
officer subject to all the rules and regulations and 
penalties for breach of parole relating to persons 
under parole from the penitentiary. 

As the law now stands the parole board is orga- 
nized as follows : 

It is composed of five residents of the state, one 
of them is the Warden of the Penitentiary, one the 
secretary of the Governor, one the Parole Officer, 



20 

these are ex-officio, and two appointed by the Gov- 
eriior. The powers and duties of the board are still 
found in the act of 1911, except that its jurisdiction 
is extended to the judicial parole, as above indicated, 
and a part of its jurisdiction (some of its executive 
powers) seem to have been transferred to the parole 
officer. 

The powers and duties of the parole officer as 
conferred by the act of 1915 are as follows : 
Direct Delegation by Statute. 

a — To keep a register of all paroles and condi- 
tional pardons. 

b — To see that the provisions of Chapter 127, 
Laws of 1911, are observed on the part of all per- 
sons released from the penitentiary on parole or 
conditional pardon ; and require all such persons to 
report to him at stated intervals. 

Subordinate Powers. 

He has power in accordance with the rules and 
regulations of the parole board, and as the represent- 
ative of the state of Oregon to retake and return 
parole breakers. 

The substance of the parole law as it now stands 
i -; as follows: 

Whenever any person is convicted of a crime, for 
which, the maximum punishment is a definite term 
of years in the penitentiary, the court shall, unless 
it impose other sentence than a sentence to serve a 
term in the penitentiary, sentence such a person to 
imprisonment in the penitentiary without limit as 
to time ; stating in the judgment and sentence the 
minimum and maximum penitentiary penalty for 
the crime, as provided by law. This method is 
known as the indeterminate sentence. Any person 
sentenced to serve an indeterminate sentence in the 
penitentiary may be paroled by the Governor, eith< r 
on his own motion or on recommendation of the 
parole board. The power of parole is thus vested in 
the Governor and the parole board only lias pow» r 
of recommendation. The law also provides that no 
parole can be granted until the prisoner has served 
at least his minimum term prescribed by law for the 
crime for which he was convicted and sentenced ; but 
the Governor can grant a full or conditional pardon 
before the expiration of the minimum sentence. No 
prisoner shall ever serve a greater time than the 
maximum sentence for the crime whereof he has 
been convicted. No person, who has on two prior 
separate occasions been sentenced to serve a term in 
any penitentiary or reformatory, shall be entitled to 



21 

an indeterminate sentence, but shall be sentenced to 
a definite term of years. That is to say, such a 
person is not eligible to parole at all, and the court 
\n such a case has the power to sentence such a 
person to a fixed term in the penitentiary, which 
term shall not be less than the minimum or greater 
than the maximum period as by law fixed. 

No person, who has previously been sentenced to 
serve a term in any penitentiary or reformatory, 
shall be entitled to consideration for parole until 
after he shall have served a term of years equal to 
twice the minimum penitentiary penalty for the 
distinct crime for which he was convicted and 
sentenced. 

The power of revocation of a parole is vested in 
the Governor, either on his own motion or upon the 
recommendation of the parole board. 

The terms and conditions of all paroles are de- 
t rmined by the Governor, hi case of re-commit- 
ment of a parole breaker the prisoner must serve out 
his sentence and the time he was out on parole shall 
not be part thereof; but the Governor has power to 
re-parole or grant a pardon to a parole breaker. 

The provisions of this law apply to all persons 
confined in the penitentiary or sentenced to con- 
finement therein when the law was passed; when 
such persons have served the minimum penitentiary 
sentence fixed by law as a penalty for the crimes 
whereof they have, been convicted the law requires 
that the judge and district attorney of the court, 
wherein the prisoner was convicted, and all other 
state officials having information furnish the parole 
board such data and information concerning the 
convicted person or the crime or the circumstances 
thereof, for which he was convicted, as may be 
needed or helpful to the parole board in the per- 
formance of their duties. 

The operation of the parole system is the principal 
source of irritation among the prisoners in the peni- 
tentiary. Every instance where the parole system 
was discussed by this commission with the prison °rs 
it was found that the dissatisfaction with the work- 
ing out of the law was ascribed to the parole board 
and parole officer. The prisoners did not seem to 
understand the difference between the mandator 
provisions of the law and the discretionary powers 
of the board; and that the board has only the right 
to make a recommendation to the Governor for a 
parole; and that the Governor sometini°s gi'ants a 
full or conditional pardon before the expiration of 



22 

the minimum sentence. 

Before considering the administrative features of 
the parole board law and the policies of the parol'' 
board and parole officer, it seems proper to discuss 
the mandatory provisions of the law that are making 
the most trouble in the penitentiary. 

When a judge sentences an offender to the peni- 
tentiary he has no poAvers to fix the limits of the 
sentence except when the law requires the fixed 
sentence. The law fixes a minimum and a maximum 
for the crime of which the offender has been con- 
victed. As a matter of administrative detail the 
law requires that the judge state in the judgment 
and sentence the minimum and maximum peniienti- 
ary sentence for the particular crime. By common 
assent the prisoners in the penitentiary construe tin 
sentence of the judge to mean that where they have 
served the minimum term, they have served their 
tiriie, provided their conduct has been good while 
in prison If they are first offenders and have a 
good prison record they think they should be paroled 
at the expiration of their minimum. If they have 
ore former prison record they argue that the parole 
board gives them a double minimum; which they say 
is wrong for the reason that the former debt to 
society was paid by the former imprisonment and 
to give a double minimum makes them pay soc.ety 
twice h.v the last debt. If they have tivo form • 
prison reooids they say the parole board does not 
allow them io apply for a parole at all. In all these 
matters it is said the board acts unfairly with them. 

To. begin with, it is the law and not the board that 
provides the double minimum for the offender with 
a former prison record; again it is the law and no' 
the board that withholds the terms of the parole 
iaw from those who have two former prison record;-. 

By this process of elimination we find that the 
board only has discretionarv power to make a rec- 
ommendation for a parole after the expiration of the 
minimum sentence in the case of first offenders and 
after a double minimum in case of offenders with 
only one former prison record. 

Prior to the indeterminate sentence law the peni- 
tentiary sentence was for a fixed term with reduc- 
tion of time under the merit system. An offender 
knew just what his term would be and just how 
much he could reduce it by good conduct, under the 
fixed term and merit plan. The criminal law be- 
came the Magna Charta of the criminal. He knew 
if he broke the law and was caught he would pay 



23 

his price ; that his second offense would be measured 
as to punishment only in the light of the second 
offense itself, without taking into consideration his 
former prison record. Under the system, the criminal 
law, the judge who imposed the sentence, the 
criminal and the prison officials all regarded as the 
ideal system of punishment that which made the 
punishment fit the crime. True, the judge had a 
discretion to impose a fixed sentence between a 
maximum and a minimum ; but the sentence itself 
was largely impersonal, dependent on the circum- 
stances of the crime. The short-comings of this sys- 
tem at length became apparent. It was powerless 
to cope with recidivism. It is a well known fact 
". i at the model prisoner is often the most dangerous 
man on the outside. Under the fixed term, merit 
system plan, such a prisoner had but to conform to 
the rules and he was a step nearer to the time when 
he could again prey upon society. Under the system 
his discipline was an easy matter for the prison 
officials. The great trouble with it was that society 
had it all to do over again. 

The indeterminate sentence, as it obtains in this 
state, was a departure, but not a complete one from 
the old system. It preserved the idea of normal 
responsibility for criminal acts it sougM 'o so*v 
the problem of recidivism by making punishment for 
repeated acts progressive, at least a minimum term 
for first offenders given* a penitentiary sent^nc ; at 
least a double minimum for one repetition of criminal 
acts, with a discretion in the parole board as to rec- 
ommendation for parole beyond the minimum term 
in each case and up to the fixed maximum; and no 
r-arole at all for a two term repeater. It made repeti- 
tion the conclusive evidence of recidivism. It re- 
tained the idea that punishment must be made to fit 
ihe cinr 1 . While it took away from the judge the 
right to impose a fixed sentence, it made the judge 
and prosecuting attorney the working agency of the 
board by requiring them to furnish the board with 
the facts and circumstances of the crime. We 'bus 
find that the objective rather than the subjective 
r (Vvidualization of punishment forms the statutory 
basis for the operation of the parole law in t.h° stnt 

The fundamental error of the present parole law 
is that n 't is not true that repetition of criminal acts 
is conclusive evidence of habitual criminal it v. Nor 
's it true that progressive penitentiary punishment 
is a enr-^ for habitual criminal tendency. 

Punishment should fit the individual. Tie cir- 



24 

cumstances of the crime and prison conduct should 
be factors of some punishments but not of others. 
In no case should they, as in the present system, be 
the conclusive factors in the operation of a parol 
law. 

When a man commits a crime he has done at lea,'; 
two things: he has injured some one and he has 
undermined the existing social order by conduct 
that has transgressed legal rules that seek to govern 
all conduct with the least governmental interference. 
That is to say he has refused to abide by a system 
that gives a maximum of personal liberty and mini- 
mum of l?gal prohibition. 

Such a man should at once become the concern of 
the society to which he has shown himself not to he 
■ n record. He should become a ward of the state so 
that it may be ascertained whether his case is a hope- 
less one; or whether correctional treatment may re- 
store him to liberty as a safe member of society. 
His crime or his prison conduct may or may not be 
factors in the solution of the problem But a ail 
times the ultimate question is, should he or should 
be not be eventually given his liberty? If he is a 
hor-el< ss criminal he should be permanently detained. 
If lie is curablehiscase requires as much individual 
expert study as does that of the patient by the 
physician. The present parole law therefore should 
be modified. The most desirable changes would be 
to abolish the minimum and maximum limits of the 
indeterminate sentence and make the imprisonment 
absolutely indefinite ; the prisoner being released by 
the board only when it is believed by the board that 
he can safely be restored to society, also to give the 
board the power to parole rather than having it an 
advisory board to the Governor as it is now. There 
are legal objections to these changes, however. Some 
courts hole! that if the sentence be absolutely indef- 
inite and the ultimate release be vested in a parole 
board, without positive constitutional authority for 
the exercise of such power, that such a plan is un- 
constitutional for the following reasons: 
• 1 — It would be a delegation of legislative power. 

2 — -That such a law would confer judicial power 
upon the board.- 

3 — That such a scheme would be an encroachmen f 
upon the constitutional pardoning power of the Gov- 
ernor (See Vol. 4, Am. & Eng Ann. Cases, page 1108 ; 
Vol. 20 Am. & Eng. Ann. Cases, page 472). 

Until our constitution is changed then, it would 
not be advisable to place the absolute power of 



25 

parole in any one but the Governor; and it would be 
dangerous to make the imprisonment indefinite 
without a fixed limit; for if our Supreme Court was 
to bold this to be a delegation of legislative power 
or mii encroachment on the judiciary, the sentence 
would be void and the defendant entitled to his 
liberty without punishment. Any change therefore 
to be safe must not encounter these objections. Any 
parole law, however, should avoid the minimum 
sentence plan. The parole law then should be safe- 
guarded by a fixed legislative sentence; a power to 
impose such a sentence by the judiciary in definite 
terms; and the scheme of operation of parole should 
be predicated on the pardoning power of the Gov- 
ernor by the use of the conditional pardon system. 
Such a parole law would probably be the best that 
could be employed without constitutional amend- 
ment. 

But individualization of punishment seems to re- 
quire that the discretion of the term of imprisonment 
be with the conditional pardon and advisory parole 
board rather than with the judiciary. The judge 
has neither the time nor the proper opportunity to 
study the individual. He sees so many offenders 
that to him the} 7 form but a class. 

He uses his discretion as circumstances of aggrava- 
tion or mitigation surrounding the crime present 
themselves to him. Therefore he should have no 
discretion as to sentence. 

It is therefore recommended that the present 
indeterminate sentence law be repealed and that 
there be substituted therefor a fixed sentence for 
each crime enumerated in the penal code for which 
a penitentiary sentence is designated. That such 
fixed sentence in each case be the maximum peni- 
tentiary sentence now provided by the penal code 
for each offense. If the maximum is too high in 
some cases it should be reduced by law. That the 
parole board be given jurisdiction to recommend a 
parole at any time after an offender has actually 
begun to serve his penitentiary sentence. That no 
distinction be made between a first offender and an 
offender having either one or more former penitenti- 
ary or reformatory sentence records, but that each 
case be a matter of personal investigation by the 
board. That the board within its discretion take 
into consideration former prison records in order 
to ascertain the existence of habitual criminality 
but that such records shall not be deemed conclusive 
evidence of habitual criminality, and that a good 



26 

prison record be not made the sole test for the 
recommendation by the board for the liberation of 
a prisoner on parole. 

It is further recommended that an amendment to 
the constitution be submitted to the vote of the 
people that shall differentiate between the pardon- 
ing power of the Governor and the parole power. 
That the pardoning power be retained in the Gov- 
ernor in accordance with the ancient prerogative; 
but that the parole power be vested in a parole board 
in accordance with the idea that a parole in no way 
involves the exercising of the pardoning power but 
is a scheme of punishment calculated to restore the 
criminal of passion, the criminal by contracted habit 
end the occasional criminal to society after an at- 
tempt at correction and a probationary period of 
observation, with the right during the probationary 
period to return the offender to the penitentiary in 
case he does not make good, 

Personnel of the Parole Board. 

The personnel of the parole board has received the 
careful consideration of the commission. As now 
constituted it is the opinion of the commission that 
the board gives too little consideration to individual 
cases. The recommendations of the board seem 
largely to he governed by the opinions of the trial 
Judge and the prosecuting attorney, who presided 
at the offender's trial, and the prison record of the 
offender. The commission readily grants that these 
are factors to be taken into consideration but cannot 
concede that they are conclusive factors. As has 
been elsewhere stated in this report, often the worst 
type of criminal has a good prison record. The 
.inde^e and the prosecuting attorney get but a fleeting 
view of the offender. In our opinion the parole 
board should constitute, as near as possible, an 
independent tribunal placed under a sense of re- 
sponsibility that paid-for services create as dis- 
tinguished from volunteer service. Therefore we 
recommend that the membership of the board no 
longer be made up in part of the warden of the 
penitentiary or the parole officer. We recommend 
fbe 'T+irement of thes^ officials for the reason that 
the warden of the penitentiary is apt to attach too 
o-reat importance to compliance with prison disci- 
pline; while the proper control of the subordinate 
executive functions of a parole officer are destroyed 
if he be permitted to participate in the discretionary 
r>owers that of necessity must be employed to direct 
his subordinate duties. Again much of the distrust 



27 

on the part of the prisoners in the penitentiary in 
the parole board lias been clue to the fact that the 
daily contact with the warden in the application 
o! prison discipline leads them to the belief that he 
is both accuser and judge in the deliberations of the 
parole board. In reference to the parole officer, his 
statutory duty requires that he apprehend parole 
breakers. He is thus classed as a police officer by 
prisoners ; to allow him a vote on a parole board is 
to make their executioner their judge, they think. 
It may be said, and it is true, that prisoners should 
not be allowed by such prejudices to dominate the 
m rsoijuel of a parole board. But neither should there 
be the slightest room for the play of those human 
emotions that the contact of discipline might en- 
gender. 

. There is one state official, however, who should 
in some way be represented on the parole board. We 
refer to the Governor. He should either be a mem- 
ber ol the board himself or should have a personal 
representative thereon ; this is so, because the only 
:afe way to work out a parole system in this state 
is through the medium of the constitutional pardon- 
ing power of the Governor. A co-ordination between 
the board and the Governor therefore is desirable; 
hence tha Governor or his representative should be 
identified with the deliberative processes of the 
beard. We understood that the numerous duties of 
his office are such that .the Governor does not feel 
tii at he should personally be a member of the board. 
The present parole law makes the secretary to the 
Governor a member of the board. In the opinion of 
the commission this arrangement furnishes the de- 
sired co-ordination arid the secretary should remain 
a member of the board. 

The organization, therefore, in the opinion of the 
commission, should be composed of the secretary to 
the Governor, as an ex-officio member, and two 
citizens of the state to be appointed by the Governor 
for a term of four years each, except that at the time 
cf organization of the board there should be a short 
:;erm of two years and a full term of four years 
which would provide against the undesirable feature 
of having two or more new members, constituting a 
majority or a full board in case the Governor's sec- 
retary should change or the Governor appoint two 
new members when the time of appointment arrived. 
The working methods of the board require that at 
all times there be at least one member conversant 
with the prior operations of the board. 



28 

The board also thinks that the law should require 
that the board meet at least once a month and that 
each member receive a $5.00 per diem and expenses. 
Parole Officer. 

Under the law the parole officer is given power 
to retake and return to the penitentiary persons, 
within or without the state, who have violated their 
parole or broken the conditions of their pardon. We 
find that during the month of December, 1916, the 
parole officer was compelled by the demands of his 
field work to be on the road for 27 days out of the 
3l days of the month. We also find some two 
hundred or more paroled men under the administra- 
tive supervision of the parole officer. We are un- 
able to see how the parole officer can be expected to 
give careful supervision to the paroled men if he be 
required to make trips to obtain parole breakers, 
apprehended and held by sheriffs and police officers. 
In such cases we think that when the paroled man 
has broken his parole, has been arrested and held, 
and the only service needed is that he be brought 
hack to the penitentiary, that this service can be 
performed by a penitentiary guard. 

We therefore recommend that the law be amended 
so that a penitentiary guard, under the direction of 
the warden, be the official to have the custody of a 
parole breaker in his return to the penitentiary for 
breach of parole. As we have elsewhere pointed out 
the parole officer should be the administrative sub- 
ordinate of the parole board. 

In order that the parole board have full direction 
of his subordinate duties; We recommend that the 
parole officer be appointed by the parole board and 
serve during the pleasure of that board. 

Physical Data Concerning the Penitentiary. 

This report has now arrived at the point that 
before the question of new building, a larger penal 
farm or industrial employment can be intelligently 
considered it becomes necessary to consider the 
physical conditions of the penitentiary farm, existing 
buildings, industrial pursuits and internal discipline. 
As this phase of the question is considered, recom- 
mendations will be made, predicated largely on the 
assumption that it is desirable to make them, even 
though no changes be made in the present physical 
equipment of the institution. 

The penitentiary lands consist of 866.73 acres; 
of this acreage 246.73 acres are in one tract and 
include the grounds within the penitentiary walls 
and farm lands surrounding the penitentiary. The 



29 

balance of the lands owned by the state and known 
as penitentiary lands are situated a mile and a half 
or so south from the penitentiry on the Turner road 
and consist of 120 acres. In addition to the lands 
owned by the state, as above designated, the state 
leases the following lands for the use of the peni- 
tentiary : The Catlin ranch, consisting of 45 acres. 
This ranch adjoins the penitentiary and is held under 
a lease to the state for a period of three years from 
the date of the lease, which was executed during the 
year 1915-1916. A lease of part of the Crow place, 
consisting of 53 acres. The acreage within the peni- 
tentiary walls is about 11% acres. Of the farm 
lands surrounding the penitentiary about 165 acres 
are under cultivation. Of the Turner road farm 25 
acres were under cultivation last year. During last 
year 50 acres of state land was cleared to be put 
under cultivation next year. While Ave have re- 
ferred to the above lands as penitentiary lands as 
a matter of fact the penitentiary farm lands seem 
ii be only apportioned to the penitentiary. This is 
so as a result of the terms and provisions of Section 
10 of Chapter 78 of the Laws of 1913, which are as 
follows: "All lands now, or which may hereafter 
be owned by the state and devoted to the uses and 
benefits of any of the institutions located at or 
near the State Capitol, shall be treated by the board 
(The Oregon State Board of Control) as if held in 
common for the use and benefit of all said institu- 
tions and in the apportionment and assignment of 
said lands for the future use of said institutions the 
needs of each, the proximity of the lands and ability 
to cultivate shall be given due consideration.'* 

At the present time the penitentiary has a dairy 
herd consisting of 27 milch cows, one registered bull, 
five heifers and two calves. At the date of the 
warden's last bi-ennial report (Sept. 30, 1916) the 
penitentiary had 13 work horses, 10 being superior 
animals; 1,025 chickens, 32 head of block hogs, 22 
sows, 1 boar and 91 pigs, all being of Poland China 
and Berkshire cross. 

During the year 1915-1916 (Sept. 30 to Sept. 30) 
as shown by the Betterment Fund, the following 
livestock was sold ; 

Goats. 

Oct. 27, 1915 40 goats $ 60.00 

Horses. 

Oct. 27, 1915 1 horse 70.00 

Oct. 27, 1915 1 old horse 20.00 

Oct. 27, 1915 horses — no number given 150.00 

Bulls. 

Oct. 27, 1915 1 1 nil calf 10.00 

Oct. 27, 1915 1 bull 50.00 

Cows. 



30 

Dec. 30, 191. "i 17 head cattle 35.5.00 

Mar. 31, 1916 1 cow 47.90 

April 30, 191G 1 cow 50.00 

Sept. 30. 1916 2 cows 128.10 

Sept. 30, 1916 - cows 139.7!) 

Hogs and Pigs. 

Dec. 30, 1915 38 hogs 402.32 

Feb. 28, 1916 32 hogs 465.50 

Mar. 31. 1910 2 pigs • 10/00 

Mar. 31, 1916 0000 lbs. hogs at SV Z cents 510.00 

April 30, 1910 2 pigs- 10.00 

May 31, 1910 2 pigs 7.00 

$2,486.37 

The Betterment Fund shows that during the same 
period the following purchase of livestock was made : 

Horses. 

Oi t. 31, 1915 Team Percheron horses $ 380.00 

Bulls. ' 

Sept. 30, 1915 Young bull 110.00 

Cows. 

Sept. 30, 1910 Two Holstein cows 130.00 

Hogs and Pigs. 
Nov. 30, 1915 Berkshire boar 50.00 

$ 670.00 

In regard to the sale and purchase of livestock it 
is the understanding that the sale and purchase of 
horses and cattle was to bring the stock up to a 
better standard. Of the hog sales Warden Minto 
• ays in his last report : "The policy since the spring 
of 1915 with relation to hogs on this place is to at- 
tempt to raise only such number as can be fed with- 
out extensive purchasing of food for them. To this 
(iid the sale of a number of pigs and partly grown 
hogs will be noticed in the Betterment Fund report." 

On the farm, surrounding the penitentiary, are a 
cow barn, a horse barn, a storage barn, stored with 
: t 'aw, cud an implement storage shed. The cow 
1 :n n is in a state of decay as to its underpinning but 
modern inside. It will be a good investment to build 
a new eow barn of concrete construction, and of 
larger dimensions than the present one. Near this 
barn should be erected a more modern vegetable 
washing platform. The commission also finds that 
a root storage house is badly needed. In the opinion 
of the commission the horse barn is at the present 
time adequate and in a fair state of repair. The 
] y°' houses are modern, well kept and seem to be 
sufficient for the present number of hogs. It is 
recommended that in case of new construction the 
farm buildings be placed farther away from the 
penitentiary walls. 

Agricultural Implements. 

The farm wagons in use have about served their 
usefulness and three farm wagon running gears are 
badly needed. There are four Eastern sod plows 
that are not suitable for the work on the penitenti- 
ary farm. These should be sold and replaced with 



31 

plows better adapted to the farm work. There is a 
binder and enough mowers in good condition to 
handle the present work but the seeding drill seems 
to be worn out and a new one is needed. The potato 
dropper has not proven satisfactory and of the two 
potato diggers a complicated one has not been prac- 
tical and its use has been abandoned, the other has 
given good results. 

Farm Produce. 
The last year crop on hand, either in the commis- 
sary or in the farm. September 30, 1916, was as 

follows : 

Valued at 

10,401 lbs. beans, white $ 884.85 

3,600 lbs. beans, brown 234.00 

20,000 lbs. beets 200.00 

9,000 lbs. cabbage 110.00 

20,000 lbs. carrots 200.00 

105 tons corn in ensilage 2,625.00 

25 tons corn 500.00 

8,220 lbs. dry onions 164.00 

12 0,600 lbs. potatoes 1,206.00 

1,800 lbs. peas, dry (for seed) 99.00 

90 tons hay, vetch and oats 1,170.00 

20,000 kale plants 

42 tons straw 210.00 

3,103 bushels oats 1.381.08 

40 bushels wheat 50.00 

Total $9,043.33 

Neither the report of the Board of Control for the 
first or second biennial periods gives the amount of 
farm produce on hand at the end of the first biennial 
period, to-wit : September 30, 1914. 

The warden's report for the last biennial, Septem- 
ber 30, 1914. to September 30, 1916, shows that the 
farms produced all kinds of. vegetables, fruit and 
b iries of the value of $19,589.93. The value was 
obtained from market quotations in the daily papers. 

An examination of the Institutional Betterment 
fund for the biennial, September 30, 1914. to Sep- 
tember 30, 1916. would seem to indicate that there 
had been no sale of farm products between Septem- 
ber 30, 1915. and September 30. 1916. During the 
period September 30, 1914. to September 30. 1915, 
the fund shows $238.07 of farm produce was sold 
from September 30, 1914, to September 30, 1915. 
This do:s not include livestock or poultry. The 
farm produce' sold was cabbage, straw, carrots, 
parsnips, pumpkins and mohair. 

During the period September 30, 1914 to Septem- 
ber 30, 1915, the Betterment Fund sIioavs the sale 
of livestock and poultry as follows: 

Chinese Pheasants ' $ 24.00 

Duck and drake 1-00 

Pigs - 463.50 

Buff calf 25.00 

Horses 140.00 

Total - 9 653.50 



32 

The last biennial report shows that the expense 
and maintenance of the farm, grounds, garden and 
dairy supplies and equipment was $10,769.10, of 
this amount we are unable to say how much should 
be charged to the farms. It may be presumed, how- 
ever, that the items appearing in the last report, 
Table 1-B, of the Board of Control, being food and 
supplies for dairy, barn and poultry departments in 
the sum of $8,7^3.93, and the item in the same table, 
Implements and Seed $1,610.77, being a total of 
$10,334.70, represent the cost of farm operation. 
Penitentiary Building. 

The administration building was erected in 1871. 
There have been no changes or improvements to it 
to speak of since that time. In the basement of this 
building is situated a guards' recreation room, an 
officers' barber shop, a milk and butter room, a 
churn room, a guards' lavatory, guards' dining room 
and storerooms. 

On the first floor are the offices of the w T arden, 
the clerical force, the parole officer's quarters, a re- 
ception room, the turnkey room and the guard chapel 
room. The guards' chapel room is really the office 
of the inside working force. Extending from the 
chapel room are the cell houses. These are known 
as the North and South cell wings. The South cell 
wing contains 138 cells, as follows: Lower tier, 
west side 23 ; second tier, west side 23 ; third tier, 
west side 23; lower tier, east side 23; second tier, 
cast side 23 ; third tier, east side 23, making the total 
138. North wing — Lower tier, west side 22; second 
tier, west side 24; third tier, west side 24; fourth 
tier, west side 36 single cells; lower tier, east side 
20; second tie)', east side 24; third tier, east side 24; 
fourth tier, east side 24, total 198 cells. Dark cells, 
north end of fourth tier, north wing, 3. Cells in 
"Bull Pen," so called, 8, which makes a grand total 
of 347 cells. 

These cells are either of brick or steel construction. 
the older ones being of brick reinforced with steel 
while the new ones are of steel. At the present the 
fourth or upper east and west tiers of the north 
wing are not in use, except the three dark cells, 
which are used occasionally. It is recommended that 
if dark cells are to be used in the future that their 
location should be isolated. The number of such un- 
used cells is 60, 36 being double and 24 single. These 
60 cells seem to have never been fully equipped. 
They are now being preparer! for occupancy. The 
practice seems heretofore to have been to put two 



33 

men in a cell, but the plan of the present warden is 
to use the 60 cells, just mentioned, so that more men 
may be placed one to a cell. Dimensions of cells 
were taken in the south wing and are typical of all 
except the single cells in the upper tier of the north 
wing. The dimensions of the south wing cells are 
as follows: Lower tier, 8 feet 2 inches high; 6 feet 
11 inches long; 5 feet 11 inches wide. Upper tier, 
7 feet high ; 9 feet long; 6 feet wide. The cell doors 
are of lattice flat strip steel construction from top 
to bottom with small lattice pass doors in the large 
doors. The cell doors are 5 feet 7 inches high and 
22 inches wide. They have vertical flat bars 2 1 /_± 
incites wide. Vi inch thick. There are five vertical 
and seven horizontal bars to the cell door. The 
openings between the bars measure 8% inches hori- 
zontal and 3 inches vertical. The cells are locked 
by a slide bar lever system operated by levers in 
the guards' chapel room and with a padlock on 
each C3ll door. Each cell is equipped with running 
water and small sink. The men are not in their 
c lis during the day. except Sundays and holidays. 
During the night the toilet requirements are pro- 
vided for by metal soil pots with metal covers. The 
cell block type is what is known as the inside system; 
that is. the corridors are along the outer walls. These 
corridors are open from the floor to the roof. Light 
and ventilation are furnished by large windows in 
the east and west walls of the wings and light rays 
must cross the corridors and get into the cells 
through the cell doors. No cross circulation of air 
is provided. There are ventilators in the cells, but 
• o stopped up as not to be serviceable. The cells 
! no windows. The cell wings are heated by 
im radiators along the floor line of the corridors. 
The heat radiation is only about half enough to meet 
the heat loss on a cold day. As ventilation is de- 
p?ndent on open windows the result is that the upper 
cell tiers are apt to be too hot and the lower ones 
too cold. The ventilation being natural, but very 
few cells are furnished with the necessary 1800 
cubic feet of fresh air per hour per man, which is 
the standard requirement. The cubic contents of the 
double cells is about 378 cubic feet. To give two 
men 1800 cubic feet her hour would require between 
nine and ten changes of air per hour, or between 
four and five per hour for one occupant. 

The cell sink and soil pot system is a disgrace to 
the state and there should be substituted therefor 
modern and sanitary plumbing facilities so that each 



34 

cell could have a flush and properly trapped toilet. 
A better heating and ventilating system should be 
installed. Fresh air should be conveyed into the 
cells by mechanical means subject to inside adjust- 
ment. Modern prisons have such arrangements. 
They will be discussed more in detail in this report 
under the head of new construction and alterations 
needed and in our recommendations as to types of 
such new construction and alterations. The large 
windows in the corridors of the cell houses are 
barred. Where the cell houses meet the guard 
chapel walls are barred windows. The entire ground 
floor cell house corridors are visible from the guards' 
chapel room through these windows but only por- 
tions of the corridors of the upper tiers. Barred 
doors are placed between the guards' chapel and 
the cell wings. The turnkey's room is separated 
from the guards' chapel by a heavy wooden door, 
reinforced by steel. A steel cage forms a locked 
open corridor into guards' chapel. The dining room, 
the library and auditorium are in additions to the 
administration building and seem to have been built 
at some time subsequent thereto. Under the dining 
room is the kitchen and commissary department. 
Under the auditorium is the tailor shop and under 
the library and cell houses are various store rooms 
and supply houses. On the second floor of the ad- 
ministration building is the woman's prison. Here 
are found good sized rooms, not cells. There is also 
a small kitchen and the quarters for the matron in 
the woman's prison. The woman's prison is isolated 
from the rest of the prison. 

Leading from the guards' chapel room is a stair- 
way to the second floor. On this floor of the admin- 
istration building and its additions are the hospital. 
the drug supply room, a hospital kitchen and a pho- 
tographic room. There is a small surgery on this 
floor. In the north of the north wing cell block and 
a part of the north wing is the printing establish- 
ment. In the rear of the buildings are the inside 
grounds. Situated in these grounds are separate- 
buildings containing within single or in combination 
the pumping and power plant, the laundry, the bath 
house and large industrial buildings. The industrial 
buildings contain the machine shop and the flax 
warehouse and machinery. An antiquated water 
tower is also situated on the inside grounds. An 
open power flume and race runs through the 
grounds. Within the grounds is a railroad spur- 
track, connecting with outside railroad tracks. 



35 

Tlie institution lias an ice plant and cold storage 
facilities. lee is sold to the other institutions and 
one compartment of the cold storage room provides 
for the cold storage requirements of the Tuberculosis 
Hospital, Feeble-Minded Institute. Girls' Industrial 
School and Boys' Training School. The cold storage 
plant seems to be in good condition and to meet 
present requirements. 

The bath room is equipped with open showers, is 
antiquated and should be replaced. 

The kitchen adjoins the commissary. The food 
for the main line, that is inmates, and guards 7 table 
is prepared in the same kitchen. The main line 
cooking is what may be called steam cooking, that is, 
most of the food is prepared by steam in large cov- 
ei ed kettles. When the cooking operation is on the 
steam escapes from the kettle in large amounts and 
creates a heavy steam fog impregnated with a naus- 
eating cooking odor. No means of ventilation is 
provided to carry off this escaping steam. In the 
kitchen is a cook range, known as the guards' range 
because the food for the guards dining room is pre- 
pared on this range and passed through a pass hole 
into the guards' dining room. Adjoining the kitchen 
is an antiquated bakery. When roasts are prepared 
for the main line, which is not often, it is necessary 
for the main line cooks to use the bake ovens at odd 
times. This operation requires roasting for one day 
prior to the time that the main line is to be fur- 
nished with the single meal containing the roasted 
article of food. 

The cooking is done by inmate cooks ; the head 
cook prepares the daily bill of fare and issues a 
requisition for the food supplies. These requisitions 
pre checked by the commissary officer and he uses 
his judgment as to quantities required. A fair 
system of checking of quantities on hand and issued 
is maintained and is used to check daily and monthly 
consumption and balance on hand. Requisitions for 
all other supplies but food under the control of the 
commissary officer are O. K.'d by the. warden. A 
segregation is made as to where table supplies go. 

The system, above indicated, is bad for the reason 
that the food after it leaves the commissary is en- 
tirely in the hands and under the control of inmates. 
As is proper, the cooks for the guards' range get a 
better variety and quality of food for the guards' 
table, but as it is all cooked in the same kitchen with 
the main line cooking it sets a bad example and 
creates a tendency to pilfer food intended for the 



36 



guards ' table by inmates. The commission finds that 
the guards' range now furnishes on an average the 
following: 50 employes, an average of 8 inmates of 
the hospital (it was 13 when the commission investi- 
gated it on this point), 3 main line inmate cooks, 3 
guards' inmate cooks, 3 laundry trusties, 1 inmate 
runner, 1 inmate pot washer, 4 inmate bakers, ? 
inmates from the pumping station, 2 inmates from 
the boiler room, 9 outside trusties and 3 women in- 
mates, a total at the time we investigated this con- 
dition as follows: Employes, 50, inmates, 44; total. 
94. There was also some testimony of 102 eating 
off guards' range. 

The per capita food cost includes the expense of 
food for the warden's and deputy warden's houses, 
the guards' table and the main line. The per capita 
cost is 18 2-3 cents per day. This per capita makes 
no segregation between the warden's, deputy ward- 
en's, guards' and main line tables. 

The following report from the commissary depart- 
ment will give an idea of the main line bill-of-fare 
for this season of the year and the operations of 
the commissary department: 



•Detailed ration list 


served to prisoners 


for a period of seven 


consecutive days: 


Sunday. 




Breakfast 


Dinner 


Supper 


Mush and Milk 


Vegetable Soup 


Baked Beans 


Brown Beans 


Beef Hash 


Peaches 


Bread 


Spaghetti and Cheese 


Coffee Cake 


Coffee 


Pickles 


Bread 




Bread 


Tea 




Monday. 




Mush and Milk 


Weiners 


Lima Beans 


Brown Beans 


Cabbage 


Rice 


Bread 


Gravy 


Prunes 


Coffee 


Potatoes 


Bread 




Bread and Water 


Tea 




Tuesday. 




Mush and Milk 


Beef Stew 


Lima Beans 


Brown Beans 


Carrots 


Cold Slaw 


Bread 


Bread 


Sago 


Coffee 


Water 


Bread and Tea 




Wednesday. 




Mush and Milk 


Beef Hash 


Baked Beans 


Brown Beans 


Spaghetti 


Hominy 


Bread 


Bread 


Stewed Apples 


Coffee 


Water 


Bread and Tea 




Thursday. 




Mush and Milk- 


Beef Stew 


Chili Concarne 


Brown Beans- 


Cabbage 


Rice 


Bread 


Bread 


Peaches 


Coffee 


Water 

Friday, 


I head and Tea 


Mush and Milk- 


Baked Fish 


White Beans 


Brown Beans 


Dried Pea- 


Cold Slaw 


Bread 


Potatoes 


Figs 


Coffee 


Gravy 


Bread 




Bread and Water 


Tea 




Saturday. 




Mush and Milk 


Beef Stew 


Lima Beans 


Brown Beans 


Baked Carrots 


Hominy 


Bread 


Bread 


Stewed Apples 


Coffee 


Water 


Bread and Tea 


-Prisoners employe <1 


outside receive the n 


jgular ration for dinner 


and supper, but 


for breakfast they are served beef stew ira 


addition . 







37 

3 — Prisoners engaged in indoor employment and those who are idle 
receive the same kind of food. 

4 — The trusties receive the same kind of food as those employed 
outside. 

5 — Convict cooks receive their food from the guards' range. 

i) — This office (the commissary) keeps a segregation of the amount of 
all supplies furnished guards' cooks and guards' dining room. 
Every morning requisitions are made on the commissary depart- 
ment for the supplies needed by the various departments during 
that day. These requisitions are then checked by the commis- 
sary ofl'icer and the supplies issued. 

7 — The per capita cost per day for subsistence is found by dividing 
the cost of food stuffs used in a given period by the number 
of convict days for the same period. The cost per meal can 
1 e found by dividing the per capita ci st per day by three. 
Our records of per capita are all figured on total cost of sub- 
sistence for the institution, including the guards' dining room, 
the warden's and deputy warden's cottages. 

It is recommended that the state only furnish the 
warden and the deputy warden with houses for resi- 
lience and inmate servants, instead of all supplies ; 
that in lieu of furnishing supplies there be a reason- 
able increase in salaries of the warden and deputy 
warden. The commission makes this recommenda- 
tion for the reason that it considers it good business 
aud in no way wishes to reflect upon any warden or 
deputy warden. 

During some of our visits through the cell houses 
prisoners were found having paper and kindling 
wood fires in their cells, using their metal night soil 
pots for stoves. Several explanations Were given to 
us as the reason for this. One was that it was done 
so they might keep warm; another was that they 
cooked food, stolen from the guards 1 range; another 
was to warm up food taken from the main line fare 
at the time of leaving the table; and still another 
was that they made cocoa, bought from the commis- 
sary department. 

In view of the above conditions it is recommended 
that the guards' be separated from the main line 
kitchen. This would prevent pilfering. 

It is further recommended that the per capita cost 
of the warden's, deputy warden's and guards' range 
be computed separate. It has been variously esti- 
mated that a saving of from $200 to $400 per month 
eould be made if the guards' range and the main 
line cooking be separated in the manner indicated 
by us. 

It is further recommended that a better and larger 
baking oven and a range be installed in the main line 
kitchen. This would enable the same kind of food 
to be cooked in a variety of ways. An inspection 
of the bill of fare shows a lack of variety, especially 
for breakfast. This will be discussed by us else- 
where in this report on the subject of waste and diet. 

It is also recommended that until the main line 
k'tchen is removed to better quarters, which should 



38 

be done, that the present kitchen be equipped with 
positive mechanical ventilation. 

During the day time the men that arc not em- 
ployed move about various parts of the yard. Some 
of them are confined to a portion of the yard, known 
as the island. To reach this island one has to cross 
the water power race. Within the lines of the island 
during the day, unless the weather is wet, are found 
most of the idle men of the institution, except those 
who happen to be on the Bull Ring, in the dark cells 
or in the isolation cells. In wet weather these men 
congregate in some of the unused industrial build- 
ings where they play Keno, Dominoes and other 
games. In cold weather the men are allowed to 
build fires on the Island to keep warm. In good 
weather will be found unemployed men, not confined 
to the Island, in other yard limits. Here they seem 
to pass away the time playing marbles. There is 
also an open front building of small dimensions 
known as the Dog House. In this the old men and 
convalescent men are allowed to congregate during 
the day. They have a stove, table and benches. 
They pass away the time in playing different games. 

The Bull Ring is maintained as a means of punish- 
ment for infraction of discipline. The men placed 
on the Bull Ring are required to constantly walk this 
ung. except when it is raining, during the time the 
men are out of their cells and not at their meals. 
There was testimony before us to the effect that 
prisoners were sometimes made to walk this Bull 
Ring for months at a time. We found that men were 
placed on the ring either directly by the warden 
uj on written reports of inside guards for infrac- 
tions of discipline or by the inside guards directly 
without an order of the warden. In this last case, 
however, the guard's order is at once reported to 
the warden. 

Other means of discipline as found by us were as 
follows: Confinement in the isolation cells (the 
Bull Pen so called) day and night on a bread and 
wnter diet or on main line diet. While in the isola- 
t'on cells the prisoners are in suits of red and black 
stripes. They are given four pair of blankets in 
cold weather but have no mattresses. The heating 
provisions in the isolation cells are not sufficient to 
take care of the heat loss on a cold day. The 
prisoners in the isolation cells have found no diffi- 
culty in cutting the bolts with a hack saw. 

As a means of discipline the prisoners for infrac- 
tions are sometimes confined in the dungeons (dark 



39 

cells) on a bread and water diet. While in the 
dungeon the prisoners have no bed but are given 
blankets. They are sometimes handcuffed to the 
doors during the day. This is done by placing the 
arms above the head and chaining them so that 
they remain in that position. But they are released 
from this position to answer calls of nature. The 
present warden does not believe in the dungeon. 

In his report found in the First Biennial Report 
of the Oregon State Board of Control, page 107, the 
then warden, B. K. Lawson, says: "Today the 
dungeon is never used." On the same page he also 
says: "At the present time we have a segregation 
ward, consisting of one part of the yard and a 
separate tier of cells, where we keep the degenerates 
and unruly separated from other inmates, but it is 
crude and inadequate, and I would suggest certain 
improvements and changes which will allow us to 
segregate entirely this element if they must remain 
in the state care. 

We also understand it to be the view of the pres- 
ent warden that this element be entirely separated 
from the other inmates of the institution. These 
methods of punishment for infractions will receive 
consideration from us under the head of discipline. 

We find that when a committed prisoner is de- 
livered to the penitentiary lie is placed in a receiving 
cell and shortly thereafter he is given a bath, his hair 
is cut but his head is not shaved, his civilian clothes 
are tak< n from him and he is given a prison uniform 
of gray, shoes, socks, cap and underwear. The 
civilian clothes he wore in, if not worn out, are 
steamed, renovated and cleaned in the tailor shop 
and given to any prisoner, about to be discharged, 
they might fit. A photograph of the new prisoner is 
taken and his Bertillion measurements noted. The 
prisoner is then given rules of discipline. He is then 
assigned either to work or to idleness in accordance 
with conditions and his qualifications. He then 
becomes what is called in prison parlance a "Fish.'' 

The houi's of meals and the time of locking up in 
their cells at night and letting them out in the 
morning is regulated by daylight conditions of the 
season of the year. The plan is that the inmates be 
in their cells for the night before dark and be not 
ti- out 'n the morning until daylight. At night all 
cell tights go out at !> p. m.- and the prisoners are 
counted every hour and a half. This counting is 
done by one of the chapel guards in alternating 
rounds of duty. The guard who does the counting 



40 

has an electric flash light and a pole of light bamboo, 
about 10 feet Jong. The other chapel guard remains 
in the chape] and turns on and off the cell lights 
by tiers during the progress of the count. The flash 
light is used as a means of signal between the guards, 
and the bamboo pole to touch a prisoner when his 
head is covered so as to make him move. There is 
much complaint among the inmates as to the turning 
on th? cell, lights and the use of the pole during the 
counts. This system was resorted to because at one 
rim: 1 when an escape was planned and partly con- 
sujnmat< d the plotters got out of their cell and left a 
dummy covered with blankets in the cell bed. These 
dummies passed the guard counts. Between the 
night counts the night chapel guards sneak along 
the corridors of the cell wings to see that all is well, 
but there is always one in- the chapel guard room. 
These night chapel guards have on felt soled shoes 
so that their approach might not be heard. After 9 
p. m. the night chape] guards are locked inside the 
prison; they cannot get out except when the night 
turnkey in the outside or turnkey room lets them 
out. When a corridor is being patrolled the steel 
grating door between the cell wings and the chapel 
is closed and locked. There is no watchman clock 
or other mechanical means to check these night 
chap* i guards. These guards have no telephone com- 
munication with the outside. The only means they 
have is to signal guards on the wall by switching on 
and off the electric lights in the chapel and eel] 
corridors by a flash code which is observed by Avail 
guards who in turn by a flash light communicate 
with the night turnkey. The night turnkey is sta- 
tioned in the front yard. There is no watchman's 
clock or" other mechanical cheek on the night turn- 
key or wall guards. There is a private telephone 
system to guard towers but we found it not to be in 
working order. During the night there are three 
wall guards on duty at the same time. 

The outer walls of the penitentiary are about 15 
feet high. At night they are lighted by a system of 
three cluster frosted globe electric lights, the object 
being to light the yard. The system is objectionable 
for two reasons: First, It does not give sufficient 
light at many points on the yard; second. Light is 
so thrown along the top of the wall that a guard, 
doing patrol duty on the wall walk, can be easily 
spotted Prom the yard. The patrol walk around the 
outer wall is on the outside of the wall about 30 
inches below the top of the wall. On some sides 



41 

of the wall this walk has electric lights under it, 
the object being to furnish light so that any out- 
side night approach may be seen. This under walk 
lighting system should be extended so as to cover all 
the outside wall space. We found that the guard 
towers on the out wall are in need of more or less 
repair. 

As recommendations we suggest that a better 
lighting system be installed so that all points in 
the grounds within the walls may be illuminated. 
That the telephone system on the outer walls be 
put in working order and that a watchman clock 
system be installed on the 1 outer walls and within 
the chapel guard room and that there be telephone 
communication, within the chapel guard room. 

We find that the blankets and mattresses, when 
in use, sterilized when taken from one inmate and 
given to another or before being stored for future 
use. At other times w r e find that they are sterilized 
once a year. We recommend that they be sterilized 
at least four times a year when used without change, 
and aired frequently during good weather. 

Men were found whose teeth and others whose 
eyes were in need of attention. The men are not 
furnished tooth brushes, unless they buy them, but 
we find that the new warden has furnished glasses 
to Fome of the men. 

We recommend that the state furnish tooth 
brushes, dental treatment and properly adjusted 
glacses without charge to those who cannot pay for 
the service. 

One of the principal complaints of inmates was 
concerning the letter-writing privileges accorded 
them and the censorship of their letters. They have 
to furnish their own stamps. They are allowed to 
write one letter a month if single men or one a week 
if married. The letter must be confined to a single 
sheet of paper, written on one side only, and the 
top of this sheet has certain letter-writing rules 
printed in red ink as well as the identity of the peni- 
tentiary in black ink. All incoming and outgoing 
mail is censored. The return line on the envelope 
does not declare the identity of the penitentiary. In 
case of emergency more frequent letter writing is 
allowed in the discretion of the warden. Many ot* 
the single men ask for the privilege of more often 
letter writing and some ask that no outgoing mail 
be censored and the incoming mail be censored not 
as to contents of the letter, but only to ascertain 
whether or not the mail contains contraband. 



42 

While others want no censorship at all. The stamp 
account is taken care of by the inmate putting his 
number in the upper right hand corner of the en- 
velope. When the letter goes out the stamp covers 
the number. In some other institutions we find that 
the stamp account is taken care of by writing the 
number on a small slip of paper, gummed along one 
end and perforated down the center. The number 
is written on this slip, gummed to the envelope, and 
when the account is audited the number removed by 
tearing down the perforated line. 

The last report of the warden shows that there 
were 278 single men, 1 single woman, 155 married 
men, 3 married women, and 18 widowed men in those, 
received during the' biennium. ■ 

In some penal institutions the commission finds 
that no distinction in letter-writing privileges is 
mad? between the single and the married and that 
plain writing paper is used. The plan of such in- 
stitutions seems to work well and is an aid to good 
discipline, because the letter-writing privilege is re- 
for bad conduct. It seems, however, to re- 
quire a separate clerk to handle and censor the mail. 
This requirement would probably arise if the peni- 
tentiary established the privilege, but the commis- 
sion favors equality in the matter. It is therefore 
recommended that the mailing privilege be granted 
to all alike, that is, one a week, to be withheld only 
as a matter of discipline ; that the writing paper be 
plain, but that only one sheet be allowed and writing 
be confined to one side of the paper only; that all 
incoming and outgoing mail be censored as at pres- 
ent, but that if outgoing mail be censored the letter 
be returned to the writer, and if incoming mail be 
excluded the addresi stifled of that fact. 

Tin 1 commission found some men with property 
rights on the outside that possibly might need at- 
tention. The commission understands the law to be, 
under the weight of authority, that a convict is not 
divested of his property rights and of his right of 
control concerning the same 1 because of his impris 

. The commission therefore recommends 5hat 
in such cases provision be made by law for the At- 
ral to safeguard their interests, This is 
particularly true of those who >are criminals of , 
. otherwise they have no criminal tendencies. 
The commission found some complaint of vermin. 
This so in particular t'o the occupants of tin 1 hi 
cells. While it is almost next to imposi 
tirely overcome vermin, especially in a brick cell. 



43 

we urge that more persistent attempt be made to 
keep the nuisance down. It could be kept under 
control by a bed bug squad as in other institutions, 
the use of steam jets and by cementing the walls of 
the brick cells. Labor is the most available article in 
the institution and some of it could be employed as a 
squad as above suggested. 

Water Tower and Sewer System. 

The water tower in the inside yard is regarded by 
the warden as dangerous as to its condition; it cer- 
tainly looks to be in need of attention. The com- 
mission made an inspection of the sewer system of 
the penitentiary. It was found to be too small and 
not to have enough fall to promptly carry off the 
sewage. As the warden is a man of much experience 
in sanitary engineering the commission asked for 
the opinion of the warden on present conditions and 
his advice as to a remedy. He reports to us as 
follows: 

"All sewers in and around the buildings are inade- 
quate for the purpose intended. 

"The line from the laundry and toilets has to be 
cleaned and flushed daily in order to keep it open 
at all. It is only a six-inch line and has very little 
grade. 

"The lines to barns and outside toilets are about 
in the same condition. 

"Would also call your attention to unsatisfactory 
toilet used by men in yard. This is just an open 
concrete trough with no seats. 

"Would advise an entire new line to state sewer 
laid on a true grade and of ample size to handle all 
future requirements with branches and manholes to 
connect with present plumbing fixtures and new 
fixtures to replace concrete trough used at present 
by yard men." 

It is therefore recommended that the water tower 
be rebuilt or repaired and that a proper sewer system 
be installed which shall be large enough to take care 
of present and reasonable future demands. 
Present Employment of Prisoners. 

The commission found the population and employ- 
ment of the inmates of the penitentiary to be, on the 
two dates, November 1, 1915, and October 31, 1916. 
as follows: 

Nov. 1, 1915 Oct. 31, 1916 

Cell house force 20 18 

Commissary department (cooks, bakers, etc.) 40 51 

Laundry 16 16 

Tailor shop 14 15 

Printing office 3 3 

Shoe shop 6 5 

Engineer's department 45 38 



44 

Industries — inside 20 30 

Yard force inside 10 10 

Hospital — attendants 4 2 

Hospital — sick .• 15 11 

Woman's ward 5 3 

Gangs "working outside under guard 52 45 

Flax industries 35 50 

Trusties outside— buildings and yards 8 43 • 

Trusties on farm 32 12 

Trusties on brickyard . . 8 

Idle 185 76 

In Clatsop county 14 17 

It will be noted that the table gives the number of 
the idle on October 31, 1916, 76 — while on November 
1, 1915, the table gives the idle as 185. We have no 
means of telling about the number employed in 1915 
but w T e do know that when the prison was investi- 
gated by us between November 14, 1916, and Janu- 
ary 14, 1917, there, were more idle than 76. The 
table may possibly be explained, however, by taking 
into account the fact some of those listed as employed 
seemed to perform but a nominal, amount of daily 
work. 

Present Industries. 

The commission found the present industries to 
be as follows : 

Flax Industry. — Aside from the harvest time, 
when the flax is pulled, there have been 35 to 60 
prisoners employed in the spreading, drying, break- 
ing, scutching, hackling and baling the flax. Dur- 
ing the pulling season — about 60 days in July, Au- 
gust and September — from 150 to 160 are employed. 
All these men are paid 25 cents per day, and from 
November 1, 1915, to October 31, 1916, they were 
paid altogether the sum of $6,482.85. The financial 
affairs of the flax industry are carried on directly 
at the office of the State Board of Control. 

Shoe Department. — There are five prisoners em- 
ployed most of the time and the result of their work 
will be found on the accompanying abstract. When- 
ever shoes are made for other state institutions, the 
men receive 25 per cent of the profit ; that is, of the 
selling price with the price of the materials deducted. 
This 25 per cent is divided among the men. From 
November 1, 1915, to October 31, 1916, they received 
$43.86. Most of their work is for the inmates, in 
making and mending, and for this no compensation 
is provided. 

Clothing Department. — About 15 prisoners are em- 
ployed. They are paid in the same manner as those 
in the shoe department, and during the period named 
have received the sum of $124.36. The result of 
their work is also shown in an accompanying ab- 
stract. Their ^'ineipal labor is in making and mend- 



45 

ing for the institution and no compensation for that 
is provided. 

Printing Department. — Usually, three men are em- 
ployed. They publish and print the prison magazine, 
Lend-A-Hand, and do the printing for the institution 
as well as that which may be required by other state 
institutions. In the latter case, they receive com- 
pensation on the same basis as the workers in the 
other departments above. During the period named, 
they received $36.69. 

Other sources of earnings for prisoners are jobs 
of various kinds done for other institutions or for 
counties, for which this institution is paid. In all 
such cases the men are paid 25 cents per day. The 
women prisoners are sometimes employed by the 
State Library Board in the cleaning and fixing of 
books and earn 25 cents per day each while so en- 
gaged. For these industries, the prisoners from No- 
vember 1, 1915, to October 31, 1916, received $227.63. 

Under a contract with Clatsop county, from 14 to 
20 prisoners have been employed there at a rock 
crusher and quarry. They receive 50 cents per day 
and are cared for. 

With reference to the penitentiary brick and tile 
fund, sufficient data may be attained from the bi- 
ennial report of the State Board of Control for 
1917, pages 140 and 160. 

The following data was obtained concerning the 
work done in the tailor shop, the average cost per 
unit and the total, together with the amount fur- 
nished other institutions. It is as follows : 
Report of Work Done at Tailor Shop. 

November 1, 1915, to October 31, 1916. 

Average cost 

per unit. Total. 

81 Coats, citizen $1,955 $ 161.6] 

127 pair Pants, citizen 1.627 206.44 

38 Vests , 608 23.10 

239 Coats, convicts 1.517 362.57 

435 pair Pants, convicts 1.408 612.48 

161 Caps 0665 10.72 

.213 Shirts, woolen 1.324 282.09 

376 pair Overalls .465 174.90 

2 1 pair Overalls, bib 503 11.82 

28 Jumpers 43 12.04 

63 pair Pants, white 585 36:90 

41 Aprons, white 241 9.9m 

10 Aprons, carpenters .304 3.04 

111 Towels 137 15.31 

4 Coats, butchers 45 1.80 

27 Canvas bunks 19 5.13 

4 I Mattresses 842 35.36 

46 Coats, white 473 21.76 

-H "P'ilb.w cases 215 8.84 

80 Sheets 387 30.96 

3S Bed ticks 80 28.80 

613 Shirts, summer .378 231.94 

4 5 Shirts, white .35 15.75 

1 Curtains 1.52 

24 Napkins, linen .287 6.88 

6 Table cloths, linen 1.20 7.2(4 

232 Jumpers for State Hospital 4* 111..3G 



46 

444 pair Overalls for State Hospital .85 244.20 

100 Men's suits, complete, for Hospital.... 3.9.") 395. 00 

L56 pair Overalls for Feeble Minded Institute .55 85.80 

72 Jumpers for Feeble Minded Institute. ... .48 34.56. 

19 Boys' suits for Feeble Minded Institute. 1.8 1 34.39 

100 2-piece Suits for E. O. State Hospital. .. . 1.098 109.80 

3 1 Suits, complete, for Soldiers' Home.... 9.186 284.77 

'■' : pair Pants, extra 3.947 126.30 

$3,745.04 

The following data was obtained concerning the 
work done in the shoe shop; the average cost per 
unit and the total, together with the amount fur- 
nished other institutions. It is as follows: 
Report of Work Done at Shoe Shop. 

November 1, 1915, to October 31, 1916. 

Average cost 

per unit. Total. 

215 pair New Shoes $2,168 $ 466.16 

1241 pair Shoes repaired .3888 482.52 

8 Gun holsters (for officers) 1.125 9.00 

l .vn munition belts (for officers) .50 1.00 

' Arkle brace 1.00 

8 Auto straps 2187 1.75 

Repairing belt (flax mill) 3.50 

Repairing auto 1.50 

7 2 pair Shoes for Feeble Minded Institute. . 2.50587 180.42 

72 pair Shoes for E. Ore. State Hospital. . 2.50587 180.42 

160 pair Shoes for Oregon State Hospital. . . . 2.50587 400.94 

40 pair Shoes for Oregon State Hospital. . . . 2.70587 108.24 

$1,836.45 

The commission did not inspect the Clatsop county 
rock quarry, where there are now some 14 to 20 
prisoners. No inspection was made for the reason 
that the quarry is under the jurisdiction of Clatsop 
county and in interviewing prisoners who had but 
recently returned from the camp maintained at the 
quarry, conditions seemed to be satisfactory, 

Tlie commission finds that the printing office of 
the penitentiary is poorly equipped for the work 
that.it has to do, and in addition to printing the 
monthly prison paper, " Lend-A-Hand, " the office 
does the simpler class of forms for the penitentiary. 
state hospital and the tuberculosis hospital. Three 
men are employed but they are not kept very busy. 

The expenditure of $500 would equip the peni- 
tentiary printing office to handle much of the work 
that is now being done at the state printing office, 
and which could be done at the institution at a 
considerable saving to the state. 

The commission therefore recommends that the 
equipment of the penitentiary printing office be 
improved to the end that the inmate printers be kept 
busy and that such work for the various state in- 
stitutions and state offices that can be handled at 
the penitentiary be diverted to that plant. 
Shoe Shop. 

The commission is of the opinion that of the pres- 
ent industries the shoe shop does not offer mnch of 



47 

a future prospect to furnish the other state institu- 
tional demands for shoes. Cheaper and better shoes 
can be and have been bought for the other state in- 
stitutional needs in the open market. This is so 
because the shoe industry machinery, skilled opera- 
s and minute division of labor have superseded 
handcraft. It is therefore recommended that the 
shoe shop be confined to repair work and the sup- 
plying of the penitentiary demands only. 
Tailor Shop. 
The possibilities of the tailor shop are better. In 
this field the industry is not so much dependent upon 
machinery and highly .skilled machine operatives, 
of material be furnished 'the com- 
mission sees no reason why this department cannot 
be developed to the extent of supplying most of 
demands of other state institutions. It is therefore 
rnmended that the annual demands of all state 
institi for clothing be ascertained; vhat the 

facilities cf the other state institutions for supplying 
clothing be taken into consideration; and that a 
non-competition field be apportioned to the peni- 
tentiary for the future development of the tailor 
shop. 

Detail Concerning Flax Industry. 

I condition of the flax industry at 
tiary and. its possible future development 
incorporates in its report 
of tl timony and a letter of Mr. Roberl 

ut of the flax industry at 
the institution. The same is as follows: 
" 1 came h 3, 1916, to tak 

1916 ciop of flax and found everything upset. 
flax business, have 
raised in it near Belfast, Ireland. When I ! 
came I found that 145 Inmates were pulling the f] 
much of it was bad as it was mixed with wild o 

the Durbin farm the flax was bad that it was 
not worth the cost of pulling. 1 made a survey of 
all the farms and at the Russell farm only 1 wo a< 

ud 50 acres not worth pulling. 1 found 

that n 175 to 180 acres had been pulled 

] d< hould be pulled 

d the bad ones later. Carelessness in plant- 

s. making the soil too mucky 

r o do with the bad flax. The 

is had ; properly prepared and were 

The growers were 

iict?d in the planting by the former superin- 

vrith the farmer was that he 



48 

should plant the seed furnished by the state, the 
state to do the pulling and the farmer was to haul 
the crop to the prison warehouse. The state was to 
pay $15 per ton for the flax less $1.50 per bushel for 
the seed that the state had furnished. The inmates 
were allowed 25 cents per day for doing the pulling, 
of which there were four gangs of 35 men, each in 
charge of four guards and a foreman. Six escaped 
early in the season and two later. When there is 
over 50 per cent of weeds it does not pay to pull the 
flax even with convict labor, No machine has been 
invented that successfully pulls flax. It is pulled 
from the roots and is easy work. There was some 
controversy over the discount on bad flax fields and 
a farmers' meeting was held about it but all the 
farmers did well and some made not less than $15 
per acre. 

"When the flax is ripe, from July 15 on, it is 
pulled, but can stand two or three weeks without 
njury. When the leaves begin to fall on the stock it 
is ripe. The puller pulls several handfuls and then 
tics it up and a number of these bundles are stacked 
together. It lays there for eight to ten days to ripen 
the straw and during this period rain does no harm 
unless it is long continued. The farmer then ties 
these small bundles up into larger bundles of suffi- 
ce nt size to be readily handled with binding twine 
and delivers it to the prison warehouse. Then it 
should be threshed as soon as possible and it is 
threshed by hand. The seed comes out in its raw 
state and then has to be cleaned by machinery. Our 
machines are good but of ah old style. The demand 
for this seed is for oil, meal and seeding purposes. 
The remnant after the oil is extracted is fed to all 
kinds of stock. 776 bushels of seed was sold and 
th\Te are 736 bushels left over. One car of seed 
was sold to the Portland Linseed Oil Company, a 
mill to handle 1,500 or 2,000 acres of flax would 
cost $20 ; 000. Flax seed is in demand and the flax 
industry is increasing. An inquiry for 2,500 bushels 
of seed has come from Ireland and also inquiry from 
Mexico. The preparation or development of the seed 
for oil' purposes or seeding is different. Max 
raised for oil seed should be sown 35 to 40 pounds 
per acre while two bushels when it is sown for 
fibre. The treatment makes the difference but 
the fibre flax is the more profitable. Rotation in 
seeding is necessary to keep up the grade. Our 
flax is not as good an average as in Ireland, as good 
I'lax is the result of care and knowledge of the soil. 



49 

Our land and climatic conditions are equal to Ireland 
or Belgium and unequalled flax can be produced 
here. Six men can pull an acre in a day if it is clean 
but not a quarter of an acre if it is dirty. The 
asylum farm had 20 acres in flax and it yielded two 
tons to the acre. In 1916 there were 622 acres seeded 
and from the crop we expect to get 6,000 bushels of 
seed. For 1917 so far 300 acres have been volun- 
teered. With the present equipment we can care foi 
2.000 acres. Flax can run as high as four tons to 
the acre. The seed planted in 1916 was not good 
and only 80 pounds to the acre was allowed when it 
should. have been 112 pounds to the acre. Working 
conditions in the plant are not bad but weak lungs 
should not be worked. After the threshing comes 
the utting (placing in water until fermentation sets 
in) and this separates the wood from the fibre. The 
retting lasts from 10 to 12 days. After retting it is 
dried by air and it is ready for the breaks in the 
m 11. It is then run through scutches, which re- 
moves the woody substances. There are 40 scutch- 
ing machines but they are not modern and up to 
date and there is too much machinery for present 
use. The flax is now ready for the market. Flax 
tow comes from the scutching process and the 
o nator of the scutching machine has much to do 
with the quantity and here skilled or trained labor 
is necessary, but a good man can learn to operate 
one of these machines in a week. I have found that 
the inmates make good men in the work. The rela- 
tive value of long fibre and tow T is 26 cents per 
pound for the long fibre, f. o. b. Salem, while the 
tow is worth 8 to 10 cents per pound. In the eastern 
centers there are manufacturers of this product and 
the industry might be developed in Oregon but not 
at the penitentiary on account of labor conditions. 
Bleaching by nature is the best and the conditions 
for this are ideal in Oregon. Four free men pull one 
acre of flax in a day. From the 622 acres we secured 
822 tons of flax. We have two retting tanks that 
cost $150 each. Retting is really a summer job. 
Dry kilns to handle 1,000 acres, properly installed, 
would cost $5,000, and then the work could proceed 
the year round. As the men became more experi- 
enced more could be accomplished. Dew retting is 
not satisfactory. 822 tons should produce 82 tons of 
long fibre, worth 25 cents per pound, and the tow 
produced w T ould be 5 per cent money value of the 
fibre ($43,050.00). The evaporation process is the 
best, as 85 degrees will spoil the fibre flax. With 



50 

the installation of the proper machinery all the in- 
mates of the prison could be employed the year 
round and from 1,500 to 2,000 acres of flax would 
do this. Twenty-five cents per day and 50 cents per 
night could be paid the men. A graduated scale. of 
wages for the different kinds of work could be 
adopted. Two tons is run through a scutching 
machine and six men operate a machine. If the 
work was done on the piece principle it would stop 
the dissatisfaction that an equal scale causes. 11 
the industry was placed on a basis where all the 
inmates were employed the institution would be self 
supporting. The most satisfactory way to raise flax 
is for the farmer to plant and harvest it and be 
paid on the quality produced. 

"Pursuant to request of your commission, I beg to 
submit estimates on enlarged flax industry in con- 
nection with the prison, based upon the growing 
^f one thousand acres: 

Number of men that could be employed 150 

MARKETS — They are available for all products that can 
be produced. 

VALUE OF PRODUCTS $180,000.00 

(10,000 bu. seed; 300 tons fibre; 100 tons tow) 
COST OF PRODUCTION: 

Amount paid farmers 45,000.00 

Convict labor . 11,700.00 

Free labor 9,232.00 

Machinery, general improvements, miscellaneous ex- 
pense ■. . 15,000.00 

New buildings 8,300.00- 

(Annex to present building, 50x112 feet, two 
stories, with corrugated iron roof on entire build- 
ing, 120x248 feet, about $1,300.00; new building, 

60x248 feet, 18 ft. walls, about $7,000.00) — , 

$ 89,232.00 
Net profit to state 90,768.00 

$180,000.00 

"All estimates for 'wear and tear' can be deducted 
from the buildings and machinery, which will be on 
hand in addition to the above item of profit." 
Discipline. 

The commission finds that of the prisons visited 
by Mr. Brodie, of this commission, the Connecticut 
State Prison, the Detroit House of Correction, the 
Michigan State Prison, and Minnesota State Prison 
discipline is maintained by the granting or with- 
holding of certain privileges under the grade system-, 
wline in Sing Sing the discipline of the institution is 
maintained by a self governing body established and 
maintained by the inmates themselves under the 
name of the "Mutual Welfare League." 

The gi-ade system provides for three grades of 
prisoners designated as First. Second and Third 
grades, together with a system of marks that shall 
transfer a prisoner from one grade to another in 
accordance with his conduct. At the Minnesota State 



51 

Prison, which is typical, all persons when they arrive 
at the prison enter the Second grade. They may 
( am nine credit marks eacli month and are marked 
on conduct, work and mental advancement. Promo- 
:"on fi om Second to First grade 1 is conditional upon 
earning fifty out of a possible fifty-four credit marks 
within six consecutive months. The loss of more 
than two marks in any one month shall cause the 
prisoner so offending to be reduced to the next lower 
grade. By a clean record of one month and the 
earning of nine credit marks the prisoner is ad- 
vanced to the next upper grade. 

Prisoners may lose their grades: First — By such 
violation of prison rules as shall necessarily subject 
them to solitary confinement. Second — For general 
disorderly conduct. Third — -For habitual laziness, 
untidyness or negligence. 

The first is the highest. Its garb consists of a 
neat gray suit and cap in winter and a khaki suit 
in summer, each having a chevron on the left arm. 

First Grade prisoners are entitled to write one 
letter each week, to draw a ration (four ounces) of 
tobacco weekly and to receive visitors once in four 
weeks. They are furnished with a greater variety of 
food than are the prisoners in the other grades. 
They have also other privileges granted them from 
time to time as their general conduct warrants. 

Second Grade prisoners are clothed in the same 
manner as those in the First Grade, excepting they 
wear no chevrons. 

Third Grade men are dressed in striped clothing: 
they are allowed to have in their cells a Bible, a 
library catalogue and one good selected library book 
each week. All Third Grade prisoners are deprived 
of the following privileges allowed to the other 
grades: To receive visits from friends or write or 
receive letters except on matters of the greatest im- 
portance and then only by permission of the warden ; 
they shall not be allowed to receive newspapers or 
tobacco, nor take their meals in the dining room, but 
shall be obliged to occupy and take their meals in 
cells set aside and designated as Third Grade cells: 
their food is. plentiful and substantial but very plain 
and of less variety than that allowed Second Grade 
men ; they receive no outside news of any kind, ex- 
cept by permission of the warden; and they may be 
further deprived of such other privileges from time 
to time as may be considered for the best interests 
of the grading and parole system. 

The "Mutual Welfare League" as established in 



52 

Sing Sing is a self governing body of prisoners, 
composed of officers, delegates and committees. 
Delegates are elected in proportion of one delegate 
to every 35 men or fraction thereof in each shop or 
company. The board of delegates in turn elect, from 
their own number, a governing or executive board 
of nine members, the secretary and treasurer ; all 
standing committees are appointed by the executive 
board and ratified by the board of delegates. The 
judiciary board is appointed by the executive board 
and appoints its own clerk. The warden, principal 
keeper and prison physician constitute a "Court of 
Appeals. ' ' 

There is also a board of parole, a sergeant at arms, 
who is appointed by the executive board, and deputy 
and assistants sergeant at arms appointed by the 
sergeant at arms. The duties of the sergeant at arms 
and those appointed by him are to look after the law 
and order enforcement. The standing committees 
are chosen from the members of the League in good 
standing by the executive members of the commit- 
tee and all the appointments are ratified by the 
board of delegates. Elections are held every four 
months. The standing committees of the League are 
as follows: Membership, Industry, Health. Educa- 
tional, Athletic, Christian Science, Visitors. Enter- 
tainment, Music. Employment, Protestant Church, 
Jewish, Colored Church. There is a board of re- 
vision. The revision committee, appointed to change 
and revise the constitution and by-laws, consists of 
the following : Representatives from the board of 
delegates 3, from the executive board 2, from the 
judiciary board 2. 

The discipline of the institution is maintained by 
giving the members of the League certain privileges, 
application for membership is passed upon by the 
membership committee. The sergeant at arms, 
deputy sergeant at arms and assistant sergeant at 
arms have control of and perform police duty. An 
inmate detected in a breach of discipline is arrested 
and brought before the inmate court. Here a trial 
takes place, witnesses are heard and the facts are 
investigated. In case of guilt the defendant is either 
found guilty or acquitted. If guilty he may have his 
sentence suspended with reprimand or he may be 
suspended from the privileges of the League for a 
fixed period or indefinitely. The judges of the in- 
mate court wear wigs and black gowns. An inmate, 
sentenced by the inmate court, has the light of 
appeal to the "Warden's Court. Of the Mutual Wei- 



fare League Inmate Court, "The Bulletin," the offi- 
cial paper of the League, in the issue of November 
27, 1916, says: "That the Inmate Court of the 
Mutual Welfare League has been a very busy insti- 
tution will be readily gleaned from the accompany- 
ing notes of cases disposed of. As a deterrent to 
violation of the prison rules and the laws governing 
the inside community, the court has always exercised 
a stern, paternal attitude. Its decisions are rarely 
re versed by the higher court and it would be well 
for those, who once pass before it and receive judg- 
ment, to think twice before making an appeal from 
its decisions." 

It thus appears that in all of the institutions, just 
considered, the deprivation of privileges is the ordi- 
nary means for the enforcement of discipline. By 
the grade method the conferring or withdrawing of 
privilege is within the discretion of the warden or 
other prison officials. While under the Welfare 
Leagu° plan the privileges are controlled by the 
inmates, subject to the supervision of prison officials 
under the appeal system. 

Under the grade plan the system seems to con- 
cern itself entirely with prison conduct ; while under 
the "Mutual Welfare League" plan attempt is made 
to better fit prisoners for the outside social condi- 
tions they will be confronted with upon liberation 
as well as endeavoring to maintain good prison con- 
duct by putting prisoners on their own responsibil- 
ity. The League plan does retain a supervisory 
power in the warden, however. We have not given 
all of the features of the "Mutual Welfare League' ' 
plan. We have dealt only with that part that con- 
cerns itself with discipline. 

Of the two plans the commission recommends the 
experimental adoption of the "Mutual Welfare 
League" plan as far as it concerns discipline. If the 
plan be found workable, we think it possesses the 
merit of "beginning a serious attempt to instill into 
the minds of prisoners the sense of responsibility 
that the individual owes to society; and thus alter 
the anti-soc : al feeling of those who may misunder- 
stand the objects of the existing social order. We 
recommend that it be only experimentally tried for 
the reason that the undoubted success of the plan, 
a ; followed in Sing Sing prison, may have been due 
to the peculiar talents of the man who conceived it, 
yet in justice to the plan it must be stated that it 
has not yet been displaced by Mr. Osborne's suc- 
cessors. Of the present discipline in the penitentiary 



54 

it may be stated that the use of the dark cells and 
bread and water diet, as a means of discipline, ob- 
tains in many of the best governed prisons of the 
country, if proper care be exercised in the appli- 
cation of its use, so that health is not impaired, we 
see no objection to their use in aggravated cases. ■ 

Of the walking of the so called ''Bull Ring" as a 
moans of punishment, it probably has been abused in 
the past. Undoubtedly men have been compelled to 
do- too long assignments upon it, and the feet of 
some of the men have been made sore. Within 
moderation it is an effective and mild means of 
punishment. There is no objection to its use if the 
assignment be for a reasonable period and careful 
attention be paid to its effect upon the feet. 

Diet. 

The commission is of the opinion that the matter 
of diet for prisoners is of the greatest importance. 
K is now generally conceded that a balanced ration 
in public institutions is the most economical for the 
state — there can be no doubt about it. The cost of 
j •] oviding food for a healthy man is cheaper for the 
state than to provide food for a sick man, on hospital 
diet. 

In the furnishing of food to the prisoners, it is 
not to be expected that the state will or can furnish 
he variety and choice of the markets. Prisoners 
mould not be pampered. They are undergoing pun- 
ishment and they should not be furnished with lux- 
uries, or near luxuries, but as a matter of prime 
economy they should be fed on wholesome food of 
pood quality. There should be variety, the food 
should be skilfully prepared and should be selected 
on account of its inherent cheapness, rather than its 
apparent cheapness. 

The commission found that with some of the arti- 
cles of food served to prisoners there Avas great 
waste. When Ave investigated it we found that about 
two-thirds of the beans and hominy placed on the 
tables was not eaten and went to the hogs. This 
was due to the fact that the men were served with 
these so often that they became tired of them and 
could not, or at least did not, eat them. 

To prepare a bill of fare containing variety and 
proper nutrition requires the services of a skilled 
steward. At first blush this might seem to be but 
the addition of another official to the payroll. We 
are of the opinion, however, if a competent person 
be selected for such position, there would be a saving 
of what is now wasted to such an extent as to more 



55^ 

than take care of the expense required by virtue of 
the employment of such an official. 

In its investigations the commission has found con- 
siderable reference on the part of prison officials, 
elsewhere, to the matter of prison diet. Nowhere, 
however, has the matter been discussed by prison 
officials with sufficient detail to furnish a basis of 
comparison of the diet in our penitentiary with that 
of other penitentiaries. The' commission has there- 
fore been forced to work out a basis for a dietary 
from general works dealing with that subject. If 
the treatment is elementary it is because the commis- 
sion feels that there is a lack of popular understand- 
ing as to what should constitute a basic balanced 
ration. A good discussion of this principle is found 
in Tibbies' * l Food and Hygiene." In substance he 
says: 

Food is required to make up the losses of the 
body, to maintain the heat, to supply it with 
mechanical energy, to build up or repair the struc- 
ture of the machinery as well as for growth and 
reproduction, simply the body is constructed out 
of food and by it is kept in repair. Food is, there- 
fore, either a flesh former and repairer or it is a 
source of heat and energy. 

The quantity of food required by a man for the 
purposes named has been variously estimated. The 
most satisfactory method of calculation is by ascer- 
tainir.g the amount of material excreted from the 
body under various circumstances. ]t has been 
found that a man doing ordinary work excretes 
5.000 grains (about 10 ounces) of carbon and 500 
grains (1 ounce) of nitrogen per day. Women ex- 
crete less of these substances than men, but children 
excrete more in proportion to their weight than 
adults — in old age however the amount falls con- 
siderably. The average excretion of nitrogen is 
reckoned as being 5 grammes per kilogramme or 7 
grains for every 2 pounds of body weight. The ex- 
creted nitrogen is estimated in the form of urea, 
carbon as carbonic acid gas. The amount of una 
excreted daily varies with circumstances, the aver- 
age normal amount is 33 grammes or 500 grains, but 
when the diet consists wholly of proteid material it 
is 35, 50 or even 80 grammes per day. The amount 
is less however if the food consists entirely of carbo- 
hydrates and vegetables and it may then sink to 12 
or 18 grammes, and when no food at all is taken 
ui' a is excreted to the extent of 10 grammes or 150 
grains per day, which must be derived entirely from 



56 

wear and tear of the body tissues. Work or rest 
appear to have very little effect on the amount of 
urea excreted. During a period of rest very little 
less is excreted and during or soon after hard work 
there is only a slight rise above the normal amount, 
which is due to the disintegration of the tissues arid 
shows that the daily depreciation by wear and tear 
of the machinery is not great when food is taken. 
1 1 also shows that the real source of the energy used 
is derived from the carbodydrates and hydrocar- 
honates, for the food for the amount of nitrogenous 
waste matter, which is excreted, is not at all ade- 
quate to account for the work performed. 

A healthy man, doing ordinary work, requires 
more food, both proteid and carbohydrate, than the 
man at rest. It must be borne in mind, however, that 
even in cases of starvation, with absolute rest of the 
body, there is a wasting of the bodily tissues equiv- 
; 1 nt to 10 grammes or 150 grains of urea daily, 
whence it must be inferred that it is neither wise or 
: afe to reduce the supply of proteid below the 
; mount which will replace the tissues wasted to pro- 
due 4 this minimum of urea. 

Moleschott asserts that we cannot safely reduce 
the amount of proteid below what is required to 
supply- 20 grammes or 300 grains of urea, which is 
( xcreted by a man' during absolute rest. 

The carbon in the body is derived from the carbo- 
hydrates and hydrocarbons of our food or stored in 
our tissues. The nutritive value of fat as compared 
with starch or other carbohydrates is 10 to 17, but 
the heat producing power of fat is to starch and 
similar foods as 9.3 to 4.1, and in calculating the 
amount for bodies of men it is usual to allow as 
much of these substances as w T ill supply the carbon 
excreted in a day as carbonic acid gas, estimated as 
being 300 grammes or 4,500 to 5,000 grains. 

Dietaries are usually arranged in agreement with 
the average excretion of nitrogen and carbon and 
the amount of these substances excreted during a 
period of absolute rest is 300 grains of urea and 
4.500 grains of carbon is the minimum below which it 
is regarded as unsafe to reduce the foods to supply 
them. 

Many investigators have made calculations by ex- 
periments of the amount of food required to supply 
these items, their object being to establish a nitro- 
gen ous equilibrium, to keep their weight constant, 
to establish a balance between the nitrogen in their 
food and that found in their excreta. These results 



57 

are highly interesting, bnt they show a variation in 
the dietaries, they also show that no hard and fast 
rule can be established for all men. although the 
tables are exceedingly useful in calculating dietaries 
for public institutions and bodies of men. 

iWolesehott found that a diet, which contains 120 
grammes of proteid, 90 of fat, 330 of carbohydrates 
and 30 of salts per diem, best attained those objects 
f':>r himself. Ranke found his health and weight 
were best maintained on a diet consisting of 100 
grammes of proteid, 100 of fat, 240 of carbohyrates, 
25 of salts and 2.600 of water per day. He also 
found that the required elements could be obtained 
from a simple diet of 17 ounces of meat, 14 of butter 
and other fat and 17 ounces of bread. 

Parker found that a man doing ordinary work 
may obta'n necessary carbon and nitrogen and main- 
tain his weight and health from 9 ounces of meat, 2 
ounces of butter and 28% ounces of bread. He also 
gives a table showing the amount of dry food re- 
ouired for a man of average size and weight (150 
lbs.)— 1, For mere subsistence, that is, but enough 
food to do internal mechanical work of the body 
when at rest ; 2, For ordinary work ; 3, For laborious 
work. It is as follows : 

1 2 3 

^roteids 2. 02 4.502 6.502 

Uydrocarbons .■ .5 3.5 4.0 

Carbohydrates 1^.0 14.0 17.0 

S:ilt3 0.5 1.0 1.3 

Total 15.02 23.002 28.802 

The above quantities represent absolutely dry food 
and as ordinary food contains 50 to 60 per cent of 
w r ater they should be rather more than doubled when 
making calculations for any particular dietary. 

Moleschott, when arranging a dietary for young 
active soldiers, allowed 130 grammes of proteid, 84 
of fat, and 404 of carbohydrates per day to get his 
130 grammes. To get his proteids, he allowed either 
of the following: Cheese 12% ounces, lentils 17% 
ounces, peas 20% ounces, beef 21% ounces, eggs 34 
ounces, wheaten bread 54 ounces, rice 90% ounces, 
rye bread 100% ounces, potatoes 352 ounces. To 
get his 404 grammes of carbohydrates : cheese 71 
ounces, lentils 28% ounces, peas 29 ounces, beef 80 
ounces, eggs 31% ounces, wheaten bread 24 ounces, 
rice 20 ounces, potatoes 73 ounces. 

This shows that proteid is more economically ob- 
tained from meal, peas, beans, lentils, cheese and 
other nitrogenous foods, while the carbohydrates 
are so obtained from bread, rice, sage, potatoes and 
other starchy foods. 



58 

The advantages of a mixed diet are that it is the 
most economical and spares the organs, which are 
xei cised in digesting the food and removing the 
debris. If bread alone were eaten it would require 
4% pounds to obtain the 300 grammes of nitrogen 
which is considered the least amount which may 
safely be allowed, but this amount will contain 
9,000 grains of carbon or double the amount required 
and would throw extra work on the digestive and 
eliminatory organs. If lean meat be taken alone 6% 
pounds must be consumed in order to obtain the 
4 500 grams of carbon .necessary to supply the daily 
amount of heat and energy, but this quantity would 
contain 1,350 grains of nitrogen, and consumption 
of so milch meat, equal to one-twenty-sixth of the 
average weight of a man, would involve a great 
waste of nitrogen. Life cannot be economically 
maintained upon either of these substances alone. 

Since the preparation of the first paragraphs of 
the commission's report on a balance diet, wherein 
it was stated that the commission had been unable 
Hind a detailed discussion of a standard diet by 
prison officials, the commission has found such a 
outlined by the medical department of the State 
Reformatory of Minnesota. It appears on pages 
250 and 251 of the Seventh Biennial Report of the 
State Board of Control of Minnesota. The discus- 
sion is as follows : 

"The diet upon a whole has been good, but 1 
would recommend more of a variety. The essential 
(dements of nutrition, proteids, carbohydrates and 
hydrocarbons, should be properly proportioned to 
avoid waste and to insure health. The following 
table shows the food value of staple articles of diet, 
and the quantity required per diem by an adult en- 
d at moderate muscular physical labor. It will 
guide to the preparation of food, preventing a de- 
ficiency or excess in the elements of nutrition. 

"Tie custom of serving tea to the inmates as a 
beverage I consider injurious and I advise that it be 
discontinued. Tea has no nutritive value whatever. 
It tends to constipate the bowels and excites the 
nervous system.'' 

table is as follows: 

STANDARD DIETARIES. 



Beef, round stea 
Butter 


Amounl 
Ounces 

k . . 1 3 
3 




pounds 
0.14 

0.12 


Fats 

pounds 

1 1 . 1 2 

0.02 


c 


drates 

/i! mis 

0.75 


Fuel 

value 

nn: 
680 


»'taio< s ...... 

Bread 




3 2 1 I 



59 



44 



3,455 



Pork, salt . . . 


.... 4 


0.21 




0.2 1 




880 


Butter . 




2 


0.11 




0.11 




450 


Hc-;ins . 




.... 16 


0.84 


0.2 3 


0.02 


0.59 


1,615 


Bread 




.... 


0.33 


0.04 


0.01 


0.2 8 


640 






30 


1.49 


0.27 


0.3*5 


0.87 


3,585 




.... 10 


0.19 


0.10 






5 5o 


B Lti r . 




.... 1 


0.05 




0.05 




22 5 


Milk, 1 


pint 


.... 16 


0.13 


0.04 


0.04 


O.0 5 


32 5 








0.17 


0.02 




0.15 


320 


i 




4 


0.23 


0.04 


0.02 


o.l7 


400 


Bread . 




16 


0.67 


0.09 


0.02 


0.56 


1,280 






.... 3 
66 


0.19 
1.63 


0.29 


0.22 


0.19 

1.12 


345 




3,505 




>ulder 


.... 


0.22 


0.09 


0.1 3 






. . 




6 


0.19 


0.06 


0.13 




650 


two) . 




0.05 




0.02 


.... 


435 


: 






0.11 




0.11 




450 


Milk il 


i:dnt ) 


16 


0.13 


0.04 




0.05 


325 


Potatoes 




i a 


0.12 


0.01 




0.11 


240 


Flour . . 




9 


0.44 


0.05 


0.01 


0.38 


825 






59 


0.06 
1.32 


0.2 8 


0.44 


0.06 

0.6O ' 


115 




.3,540 






.... 4 


0.1 4 


o.03 






510 


Cod fish 




. . . 14 




0.07 






140 


Butter . 




.... 2 


0.11 




0.11 




456 


Milk i 1 


pint) 


.... 1 6 


0.13 


0.04 


• 0.0 4. 


0.05 


32 5 






5 


O.2 


0.07 


0.01 


0.18 


505 


Rice . . 




2 


0.11 
0.24 


0.01 
0.01 




0.10 
0.23 


205 






.... 16 


420 


Bread . 




9 


0.33 


0.04 


0.01 


0.28 


640 


Sugar . 




o 


0.19 






0.19 


345 






71 


1.58 


0.27 


0.28 


1.03 


3,540 



55 1.88 0.28 0.36 0.64 3,205 

The following, is a bill of fare for one week in the 
nesota State Prison: 

8 0.18 0.08 0.10 .... 560 

Mackerel, salt .... 4 0.08 0.04 0.04 .... 230 

Two eggs 3 0.05 0.03 0.02 .... 135 

Butter 2% 0.13 .... 0.13 .... 565 

Cheese 1 0.04 0.02 0.02 .... ■ 103 

Milk (1 pint) .... 16 0.13 0.04 0.04 0.05 325 

Potatoes 8 0.09 0.01 .... 0.08 160 

Rice 2 0.11 0.01 .... 0.10 205 

Bread 9 0.38 0.05 0.01 0.32 720 

Sugar 1% 0.69 0.09 175 

PRISONERS' BILL OF FARE. 
Minnesota State Prison. 
(Week ending December 16. 1916} 
Sunday, December 10. 
Breakfast — Boiled oats and milk, rolls, butter, syrup, coffee- 
Dinner — Fork sausage, mashed potatoes, brown gravy, vermicilli, 

bread pickles. 
Supper — Bread, cake, hot tea. 

Monday, December 11. 
Breakfasl — Bacon, potatoes, brown gravy, coffee. 
Dinner — Picnic ham, boiled potatoes, cabbage, brown gravy, bread, 

bread pudding. 
Supper — Stewed beans, bread, hot tea. 

Tuesday, December 12. 
Breakfast — Beef and ham hash, steamed bread, syrup, bread, coffee. 
Dinner — Boiled beef, pea soup, boiled potatoes, bread, pickles. 
Supper — Boiled rice, fruit sauce, hot corn bread, bread, tea. 

Wednesday, December 13. 
Breakfast — Pork sausage, boiled potatoes, bread, coffee. 
Dinner — Fried hamburger steak, boiled potatoes, string beans, brown 

gravy, pickled beets, bread. 
Supper — Peach and apple sauce, bread, hot tea. 

Thursday, December 14. 
Breakfast — Boston baked pork and beans, syrup, bread, coffee. 



60 

Dinner — Mutton stew, carrots, potatoes, turnips, onions, bread, pickle?. 
Supper — Boiled rice and fruit sauce, hot corn bread, bread, hot tea. 

Friday, December 15. 
Breakfast— Beef and ham hash, steamed bread, syrup, bread, coffee. 
Dinner — Roast beef, boiled potatoes, brown gravy, creamed carrots, 

bread. 
Supper — Prune sauce, bread, graham bread, hot tea. 

Saturday, December 16. 
Breakfast — Vienna sausage, boiled potatoes, bread, brown gravy, 

coffee. 
Dinner — Boiled salt pork, sauer kraut, boiled potatoes, brown gravy, 

bread. 
Supper — Fig sauce, bread, hot tea. 

(Salt, pepper, vinegar and mustard are always on the table). 

On pages 102 to 128, inclusive, of the biennial 
report of the Board of Control and Officers of the 
Michigan State Prison, for the two years ending 
June 30, 1916, is given by days a menu used in that 
institution for an entire year. This report accom- 
panies our report to your honorable body as a 
separate account. 

The commission therefore recommends that a 
skilled steward, who is able to outline a balanced 
diet and direct cooks in the economical preparation 
of food, be employed. Also that sugar and whole- 
some, rather than separated, milk be served as a 
part; of the balanced diet; but when served with tea 
or coffee that sugar and milk be added to the bev- 
eiage in the kitchen, rather than placing these 
articles on the table. 

Penal Farm. 
. The members of this commission are not farmers. 
They cannot be expected to outline a practical farm 
program for the penitentiary. The discussion is 
therefore confined to a few questions that a practical 
farmer would not generally be familiar with. 

In the first place the statutes of this state prohibit 
prison made goods being placed on sale in the open 
market in competition with the products of free 
labor. While there may be some doubt about it, 
probably the use of the word "goods' 7 in the above 
connection would not prohibit the sale of farm pro- 
ducts in the natural state. The use of the word 
"goods" in the above conection standing alone seems 
to mean articles carried by merchants as distin- 
guished from farmers, for sale and sold by such 
merchants in the course of their business as such. 
See Dvott vs. Letcher, 29 Kv. 541 at 543; Common- 
wealth vs. Gardner, 133 Pa. 284 (19 Atl. Rep. 559). 
It is true, nevertheless, that most farm produce in 
the natural state is perishable, and that the market 
for perishable farm produce available to Salem is a 
limited one. This being so, the penitentiary, if it 
seeks a market for the products of its farm, must 
either raise non-perishable produce or resort to some 



61 

means to preserve the perishable produce. If it raise 
the non-perishable the market for the same is prob- 
ably as limited as is the one for the perishable. If 
it be attempted to preserve the perishable it would 
have to be by the canning process. Undoubtedly 
the attempted sale of the canned product would be 
in violation of the law with reference to the sale of 
prison made goods in competition with those of free 
labor. The market for the penitentiary farm there- 
fore would seem to be confined to state use. By 
state use we mean the furnishing of necessary arti- 
eles of use and consumption to other state institu- 
tions. The same law that prohibits the sale of prison 
made goods in the ma rivet in competition with those 
of free labor, which is Sec. 10 of Chap. 78 of the 
Laws of 1913, provides for the state use plan; it is as 
follows: "In order to encourage industry and there- 
by increase productiveness of the several institu- 
tions, the board may prescribe rules and regulations 
for the sale and exchange of surplus products of 
each ; provided, that the funds derived from the 
sale of the same shall be paid into the state treasury 
and become a part of a fund to be knoAvn as the 
"State Industrial Betterment Fund,' which fund may 
l)c expended by said board for the benefit of the 
several institutions in proportion to the amount 
earned by each." With reference to the present 
penitentiary farm the state use plan has not been a 
success. Under it tin 1 sale of produce has been less 
n $300 during the just passed biennial period. 
Tir. 1 reason for this lack of demand upon the part of 
the other state institutions is self evident. Every 
one of them, as shown by the last biennial report of 
the State Board of Control, has a well equipped farm 
ts own. Tii at report shows that about the only 
iele not produced in sufficient quantities for its 
own w e p.t each institution and in the nature of a 
farm product that a penitentiary farm could furnish. 
is butter. But the dairy herd of the penitentiary 
does not at the present time produce butter suffi- 
cient for its own annual needs. Those needs for 
butter also are not those of the rank and file of the 
inmates, for no butter is given them as we under- 
stand it. Therefore in our opinion if a penitentiary 
farm is to be put upon a profitable basis the first 
reyaisito is to repeal the law which prohibits the sale 
c c -orison made goods in the market in competition 
with those of free labor. 

This commission recommends the repeal of this 
provision of the law; for it is unable to see how the 



62 

output of the penitentiary will materially affect 
either the consumption of the products of free labor 
or the wage level of free labor, provided the peni- 
iary output be sold either to the jobbing or retail 
trade at the prevailing market price. The trouble 
in this respect has been that under the convict lease 
: } stem one manufacturer has had the advantage over 
his competitors of a low wage scale and used this 
wage scale to undersell his competitors. But the 
convict lease system is prohibited by law in this 
state. It is proper that it should be prohibited. It 
c xpioited convicts and created an unfair competi- 
tion. But if the state sells at the market price its 
total output would be so small that th.e market would 
not be affected. 

If, however, this prohibition of competition with 
the products of free labor is to remain on the statute 
hook i then the penitentiary farm should be confined 
to an output that shall supply its own institutional 
demands, or in connection therewith the demands of 
•<■ state institutions. These demands seem to 
i ; for hut lei\ but it must also be noted that some 
of the other state institutions at Salem are main- 
taining dairy herds. 

On the side of the advantage of the use of penal 
m as ail agricultural pursuit, not allied with 
manufacturing of natural products raised on the 
farm, it may he said that it gives prisoners the 
benefit of an outdoor life and requires a relatively 
• udl ! of capital investment. 

Its disadvantages air that a relatively small num- 
ber el' men are required to work a large penal farm. 
That' it does not furnish an instruction for future 
occupations for prisoners, who by their social envir- 
onment have become accustomed to urban life and 
whose reclamation to society requires that they be 

lusted to their former environment. 

The commission therefore recommends that the 
present penitentiary farm be operated to supply the 
general demands of that institution for farm pro- 
duce. That the farm be properly drained, where 
needed, and that a greater consideration be given to 
producing butter and eggs and raising crops that 
will furnish the inmates, as well as the guards ' table, 
vegetables of a positive food value and which possess 
] 8 sting quality in storage, so that they may be avail- 
able for table needs during the winter months when 
vegetables, butter and eggs are scarce and high 
nriced. That more feed be raised ; and that the herd 
be enlarged to the extent that the institution be not 



compelled to buy butter in the market during cer- 
tain seasons of the year, and that in addition thereto 
3 enough milk to reasonably supply the inmates 
with wholesome milk in place of the separated milk 
served, which has but slight food value. That 
cold storage facilities for butter and eggs and stor- 
age for vegetables be provided. And that the ex- 
ion department of the Oregon Agricultural Col- 
lege be required to co-operate with the penitentiary 
,i advisory capacity to properly plan for the 
drainage, cultivation and management of the farm. 

attempt be i slop the h 

and more consideration be given to the raising of 
feed for tfiat purpose, so that the institution will 
not be compelled to deplete its number of hogs for 
lack of food. That the state, as soon as practicable, 
s„ek to apportion the farming operations of each 
state institution so the penitentiary may develop 
the dairy business in sufficient volume to satisfy the 
state institutional demands. 

Employment and Idleness. 
• In tli di- mission of idlem employment 

of prii onei $ the commission bogs leave to enumerate 
conclusi report of the special 

committee of the American Institut-3 of < 
1 aw and Criminology: 

t — All prisoners should be made to work by 
the state or community, which by imprisoning them 
lias assumed control of their earning capacity, and 
it is therefore under obligation to this earning po 
he best advantage of all concerned. 
"Second — For labor, so performed; compensa 
uld be given. In all cases of men imprisoned for 
non-support and in most others, where there are 

imily of the ;; 
oner is the primary beneficiary of the. earnin 

"Third — Where there are any .{ so 

far as is consistent with the claims of such, depend- 
. where there are any. it is desirable that a fund 
be accumulated out of the earni 
prisoner, which shall be withheld until his 
release and to this end a detailed book account 
should be kept with every prisoner. Where t< 
are no dependents a prisoner should not generally b 
paroled unless a fund, equal to $50. had been ac- 
inlatcd by him under some system y for 

compensation. 

"Fourth — If through the criminal act of the pris- 
■• the family of his victim has been made depend- 
such family should at least receive equal " 



64 

.side ration with the dependent family of the prisoner. 

''Fifth — When prisoners, receiving compensation, 
are paroled the compensation due should be paid to 
them under the direction of the parole officer, who 
should have power to supervise it. 

"Sixth — In order to make effective compensation 
laws it is essential that prisoners be made self- 
supporting. 

' ' Seventh — Prison boards should be allowed, under 
the law, to engage in work that will not only be 
lucrative but will best fit and equip the prisoner to 
earn a livelihood after their term of service has 
expired. 

''Eighth — The operation of large farms, in connec- 
tion with prisons' and workhouses, not only produce 
the best financial returns to the state or municipality 
but is most inducive to health and good discipline 
among the prisoners. 

"Ninth — Every prison board should be authorized 
to engage in permanent road making and should be 
permitted to select for this work persons who will 
be less likely to escape. All such should be com- 
pensated." 

This commission recommends, however, if all pris- 
oners are to be compensated, that they be required 
to pay either all or a portion of the cost of their 
apprehension and trial. 

It will be noted that the recommendation Seven 
is to the effect that the prison board be allowed by 
law to engage in work that will not only be lucrative 
but will best fit and equip the prisoners to earn a 
livelihood after liberation. Thus we are again 
brought face to face with the law prohibiting prison 
made goods to be sold in competition with those of 
free labor. In the body of its report the committee, 
just referred to, says: "Wherever the grip of orga- 
nized labor has been but partially relieved prisons 
have shown remarkable results. In the Stillwater 
prison of Minnesota in 1914 the output of its two 
leading industries — twines and farm machines — 
amounted to $2,006,856. The state charged 75 cents 
per day for maintenance and gave each employed 
prisoner 25 cents per day and returned a clear profit 
to the state of $685,794.17." 

In the opinion of the commission no productive in- 
dustry can be developed at the State Penitentiary as 
long as it cannot sell its output in the open market. 
While the Minnesota laAV does not prohibit the sale 
in the open market it is our understanding that much 
of the output of the Minnesota prison is sold in the 



65 

interstate trade. An agitation is now taking place 
to have Congress prohibit prison made goods in 
interstate commerce. If such a law should ever be 
passed it would seriously affect any prison industry 
•depending for business upon interstate demand. 

Wiih reference to an industry for the employment 
of prisoners the commission recommends that the 
following factors be taken into consideration: (1) 
As any industry must have an experimental period 
the industry that requires the smallest initial plant 
investment per unit should be chosen, and the small- 
est number of units installed. (2) As labor is the 
most available article in the penitentiary, but as it 
is apt to be unskilled, the industry should be chosen 
that will employ profitably the largest amount of 
unskilled labor. (3) As labor, rather than machin- 
ery, should be employed in a penitentiary industry; 
;hat industry should be chosen that requires a rela- 
tively small amount of machinery and a relatively 
large amount of unskilled labor in its highest indus- 
trial development; for unskilled labor cannot hope 
to cempete with products turned out by machinery, 
operated by skilled workmen. (4) An industry 
should be chosen that does not have to depend for 
^he market or interstate trade. 

Beyond this the commission does not feel that it 
can go into recommendations in regard to industrial 
employment; for it must be quite obvious that con- 
s' (Uring the many problems that this commission has 
had to take under consideration that the available 
two months was not sufficient to ascertain the feasi- 
bility of specific industrial enterprises for the em- 
ployment of the inmates of the penitentiary. 

The commission regrets that it has not had time to 
examine the possibilities of the utilization of prison 
labor in the quarrying and grinding of lime for 
fertilizing. The commission believes that the subject 
is worthy of investigation and the commission rec- 
ommends that the State Board of Control give care- 
ful study to the possibilities of the subject. 
New Buildings and Alterations. 

Of the questions 4, 5 and 6 submitted to us by 
your honorable body, to-wit, as follows : 

4 — '•' Changes advisable in present buildings." 

5 — ' ' The desirability of a new unit for segregation 
of the first offenders and the establishment of indus- 
trial education for them." 

6 — "The advisability of establishing the prison 
farther out in the country upon a larger tract of 
land, operated by prison labor, so as to make the 



• 66 

institution as near self-sustaining as possible." 

Questions 4 and 5 contemplate the desirability of 
the construction of a new prison with an abandon- 
ment of the present institution; or the construction 
of a new unit to the present prison with alterations 
of the existing structures, — while the 6th question 
seems to contemplate the desirability of a penal 
farm. The penal farm and the question of prison 
labor will receive separate treatment in this report, 
but it may be stated here that in the opinion of the 
commission the grounds within the penitentiary 
walls and surrounding the penitentiary are suffi- 
cient for the construction of an entirely new prison, 
possessing in connection therewith any industrial 
development that could utilize prison labor. While 
if a p3iial farm, that will be self sustaining or nearly 
so, is thought advisable it should constitute one body 
of land and would require a greater tract than is 
now available within the penitentiary walls and in 
the state lands contiguous thereto. Either a new 
prison or a new unit to the present prison could 
provide for segregation. 

The commission advises segregation but not along 
lines of segregation of first offenders. It recom- 
mends segregation of incorrigibles irrespective of 
the number of offenses committed by them. By in- 
corrigibles it does not mean infractors of the rules 
cf discipline but recidivists. For prisoners, not 
trusties, it is recommended that the cell system, with 
one man to the cell, be employed; for trusties the 
dormitory system be employed. 

If the present penitentiary is to be used, with only 
the coll system, it should be altered so that it may 
have bettor hygienic and sanitary conditions. The 
alterations would require better heating facilities, 
ventilation within the cell, in accordance with stand- 
ard requirements; and toilet provisions in each celL 
But what is of as great importance there should be 
only one man to the cell. No possible alteration to 
the present cell houses could bring about all of these 
results. The present cell blocks are not sufficient to^ 
give each man a cell; and it may well be doubted 
even if toilets were installed, whether the cost of 
alterations and possible physical life of the buildings, 
as altered, would justify the necessary expense. 
Even if all this could be worked out. the prison 
would still have the inside cell system, a system 
not in accordance with modern practice. If the 
dormitory system for trusties be employed, the 
alterations would require the building in of floors. 



67 

and partitions in the cell wings; the removal of cells 
and the rebuilding of windows in the outer walls: 
the establishing of hall entrances to wards as well 
as stairways. In addition to this, even if enough 
cells were left in one of the wings for ail other 
prisoners, with one man to the cell, the cells would 
have to be remodeled to obtain better hygienic and 
sanitary conditions. 

Again this arrangement would in no way provide 
a proper day time segregation between prisoners. 
In view of these facts it is recommended that plans 
and specifications be prepared for an entirely new 
prison to be located upon the state lands contiguous 
xo the present penitentiary, but situated sufficiently 
far away from the outer walls of the present institu- 
tion to in no way interfere with it as it now exists. 
I hat the proposed new institution be of fireproof 
c:. :truction, have the outside csll system with one 
man to the cell; that the cells be of re-inforced 
concrete construction rather than of brick or steel; 
that the cells be six feet wide, ten feet long and eight 
f#et high and have either mechanical or natural 
c o;s ventilation, and that all prisoners bu'; trusties 
be confined in cells. That trusties be provided with 
dcrmitory sleeping quarters and that complete segre- 
gation during day be arranged for in the plans of 
the new building and yard wall arrangements. That 
:'n other respects the plan of the Minnesota State 
Prison be followed. The ground covered by the Min- 
nesota prison and industrial buildings, parade 
grounds, greenhouses and hospital is 22 acres, almost 
tw : ce that within the walls of the Oregon peni- 
tentiary. 

It is recommended that the new institution be 
constructed in units; but that a definite financial 
plan be provided by an annual tax levy, for six 
years, so that the entire prison can be completed 
within six years. It is also recommended that the 
first unit be the construction of a cell house ancJ 
cells sufficient for the following purposes, to-wit: 
to provide the separate cell system so that by the 
use of the cells in the new unit and the cells iri 
the present penitentiary each man will have a cell 
to himself. And that the incorrigibles be confined 
in the new cell unit. 

Of the Minnesota prison it has been said: "The 
new prison is in line and abreast of the best thought 
on modern prison architecture, and is one of the 
best and most modern prisons in the United States 
if not in the world. The buildings are plain, sub- 



68 

stantial and comfortable and while all the laws and 
rules for obtaining the best hygienic and sanitary 
conditions have been carefully followed and all the 
buildings made strictly fireproof, there is no extrav- 
agance or unnecessary display. Most prisons in the 
United States have occupied and are now taking 
from 15 to 25 years in building. The best cost from 
three to four million dollars, and by the time they 
are through building, the prisons are old and out of 
date and cost much more than if built comprehen- 
sively and quickly, as has been done in Minnesota.'" 

The only criticism we have to make of the Minne- 
sota State Prison is its inside cell system. That 
prison officials of the. Minnesota prison recognize 
the advantage of the outside cell system is evident 
from the report of the warden of that prison found 
in the last biennial (1915-1916) report of the prison. 
He says : * ' Our population at the close of this biennial 
period, July, 1916, is 996. The capacity of the prison 
is 1024 cells. Allowing for a reasonable increase in 
population it will seem that more cell room will be 
needed before the close of the next biennial period. 
i will, therefore, recommend an appropriation of 
$200,000 for the construction of a modern fireproof 
e 11 block with a capacity of 250 cells of the 'outside 
cell type. 7 " 

We understand that the reference to a modern 
fireproof coll block refers to the construction of a 
complete cell house of 250 cells. If this is so, the 
warden seems to estimate a cost for such construc- 
tion of $800 per cell or $80,000 for a cell house con- 
taining 100 cells. As against this we give an esti- 
mate of Mr. W. C. Knighton, a Portland architect,, 
who has in the past prepared plans for cell house 
construction at the Oregon penitentiary. He says: 
''The following is a safe estimate for cell house to 
hold 96 persons, also estimate for steel cells, plumb- 
ing, heating and electric wiring. Cells two tiers in 
height and each to contain two persons: 

R< inf M'ciul cell house 42x110 $30,000.00 

48 cells installed in place at $500 each 24,000.00 

Plumbing. - 3,840.00* 

Heating, ventilating, electric wiring 4,500. 0o 

$62,340.00 

It will be noticed that Mr. Knighton's estimate is. 
for a two men to the cell construction. 
Dormitory Construction. 

As suggest3d in the plan for the new prison we 
recommended dormitory construction for trusties. 
That we are within safe lines for so doing we beg; 



69 

to cite the following' from the June 30th, 1916, re- 
port of the Board of Control and Officers of the 
Michigan State Prison, page 61 : " The most im- 
portant work undertaken during the biennial period 
was the building of the new dormitory authorized 
by the legislature of 1915. This dormitory is now 
almost completed and all the work involving brick, 
cement and steel construction is being done by in- 
mates. From the first line of the blue prints to the 
laying of the last shingle on the roof and the con- 
struction of the last piece of furniture in the rooms 
the building is entirely the product of inmate labor. 
The plumbing, steam fitting, electric wiring, plaster- 
ing, painting and in fact all of the work is done 
without the assistance of outside labor. 

''This dormitory is a new departure in prison con- 
struction. It follows the plan of college dormitories, 
being divided into rooms and having no cells. There 
will be sixty-four rooms, 16x27 feet on four floors. 
The first three floors will be used as apartments for 
inmates, and the upper floor as school rooms. Each 
of the rooms on the three lower floors will accom- 
modate eight men and will be equipped with reading 
table, shower bath, single beds and everything neces- 
sary for comfort and sanitation. Here the inmates 
will be relieved from the usual confinement in prison 
cells and required to carry out every detail of rules 
and regulations adopted for the government of the 
dormitory, without the presence of an officer. In 
this way he will be taught to assume, to some extent, 
the responsibilities of directing his own actions, and 
as he will have more freedom than under the old 
system, he will learn by association with his fellow 
men, better than he ever could in solitude, the lessons 
necessary for a successful life when released." 
Plan for Automatic Financial Provision for Repairs. 

The commission recommends that a careful plan 
for ascertaining the probable physical and economic 
life of any buildings that might be constructed be 
followed, and that the time and amount of future 
repairs during that probable life of such construction 
be computed. It is urged that such plan be devised 
and such computation made at the time of the prep- 
aration of plans and specifications for new construc- 
tion. Bas^d upon such data it is urged that a fund 
b° created by fixed annual contributions thereto. 
That this fund be amortized in such a manner that 
when a repair will be needed there will automatically 
be sufficient money to make the repair. This scheme 
contemplates an ascertainment of the life of the com- 



TO 

ponent parts of the structure. The ascertainment 
of the time beyond which the cost of repairs would 
not be justified; and the application of compound 
interest in the building up of the repair fund. Such 
a plan has been evolved by R. P. Bolton and of it he 
says, on page 56 of his hook, "Building for Profit"': 

"The essentia] feature in defining a method for 
arriving at the period of physical existence appears 
to be the segregation of the elements which compose 
the building, the assignment to each of a reasonably 
effective existence, and the ascertainment by a com- 
parison of either the extent or the value of each 
element, of an average life of the whole combination. 

"Such a comparison will define very clearly the 
endurance of the parts which go to make the struc- 
ture a whole, and will make clear the extent or num- 
ber of occurrences of repair or renewal which can 
be expected to be required within the period which 
may be found to be that due to the most durable 
and least, frequently repaired portion." 

On page 59 he says: "The evident harmony of 
this system is apparent, and results in the method 
herein advanced for the determination of average 
I'fe, viz: to relate the cost values to the existence of 
each individual materialjor component of a structure, 
»nd therefrom to deduce the financial mean term of 
the whole, which is the period of physical deteriora- 
tion to be covered by financial provision or sinking 
fund for its amortization. 

"The method, involves the assignment of maximum 
Longevity to the most durable elements of the com- 
bination, to which the less durable may be related." 

By this method Bolton found the life of the most 
durable part to be as follows: 

Tn (he cheapest frame construction 40 to 50 years 

In good tV'iinr const-ruction 45 to 55 years 

'i brick-qnd-wood construction 55 to 06 years 

Tn steel-brick-terra-cotta or stone 66 to 75 years 

hi reinf'.rced concrete 75 to 100 years 

In most rras'ive forms of a single material 90 to 100 years 

We also give his tables "B" and "C," the use of 
which will enable one to ascertain the mean life of 
the structure and how often component parts will 
have to be renewed during that mean life. 

"B" 

RELATIVE LIFE OF THE COMPONENT PARTS OF BUILDING. 

I, Gcod Fraire Construction. 

Life of most durable part equals 45-55 years or 100 per cent. 

Relative to 
45-55 years 
Years. Material. Percent. 

45-55 Masonry 100 100 

45 Exlerior brickwork . 100 82 

4 4 Brick flues 99 80 

II Lumber framing 90 7 5 

:',<» Studding . . 86 70 

33 Mill work 73 00 



71 

33 Sheathing • • • If Ju 

2 7 Exterior woodwork *~ 

13 Shingles • • ?0 24 

25 Floors and stairs 5«j *;> 

30 Hardwood trim ob o4 

33 Flustering 'J °0 

20 Hardware : 44 3b 

30 Tinwork 66 ^ 4 

20 Exterior ironwork 44 »" 

b Exterior paint 11 

9 Decoration and varnish 20 17 

18 Fixtures 40 84 

II. Brick and Stone Construction. 
Life of most durable part equals 55-60 years or 100 per cent. 

Relative to 
55-66 years 

i T ears. Material. Per cent 

55-66 Most durable part 100 100 

53 Exterior brick 96 80 

53 Brick flues 96 8u 

50 Lumber 90 7b 

40 Studding 72 ?! 

33 Mill work 60 oo 

2 7 Exterior woodwork 49 41 

27 Roofing slag 49 41 

33 Roofing tile 60 50 

2 7 Flooring and stairs 49 41 

35 Trim 63 53 

33 Plastering (i() » u 

20 Hardware 36 30 

30 Ornamental ironwork 54 45 

20 Exterior ironwork 3b 3c 

6 Exterior paint 11 9 

10 Decoration and varnish 18 15 

20 Fixtures 36 30 

III. Modern Fireproof Construction. 
Life of most durable part equals 66-75 years or 100 per cent. 

Relative to 
6b-75 years 

Years. Material. Per cent. 

66-7-5 Most durable part „ 100 100 

45 Exterior cut stone 68 60 

60 Exterior brick 91 80 

60 Exterior terra-cotta 91 80 

66 Interior masonry . . .' 100 88 

40 Interior cut stone bl 53 

3 6 Interior marbles 54 48 

36 Plastering, plain 54 4* 

30 Plastering, decorative 45 40 

2 7 Stone flooring 41 3(i 

2 4 Wood flooring 36 32 

30 Stairs and steps .- 45 40 

2 7 Rooting slag 41 30 

4(i Roofing tile =. 61 53 

4b Partition 70 61 

4b Joinery 70 61 

50 Interior ironwork 7b 66 

22 Exterior ironwork . 33 29 

45 Window mill work 68 60 

40 Hardwood trim 61 53 

9 Glass ._ 14 12 

9 Interior decoration 14 12 

20 Exterior woodwork 30 26 

25 Hardware .. 37 33 

20 Sidewalks 30 2(5 

24 Roof houses 36 32 

27 Tanks 41 36 

20 Plumbing fixtures 30 26 

20 Lighting fixtures ' 30 26 

33 Piping 50 44 

20 Elevator 30 26 

7 Paint 10 9 

METHOD OF ASCERTAINING MEAN LIFE OF A BUILDING. 
Example of a Steel-frame Fireproof Office Building. 
L C 

Cost 

Life relative to 
Material. relative to total cost 

66 years of building L X C 

Per cent. Per cent. 



72 

Foundations 100 5.3 530.0 

Steel framing 100 7.6 760.0 

Masonry 100 33.7 3370.0 

Fireproof floors 100 2.0 200.0 

Ornamental iron ' 73. 6.3 459.9 

Heating 50 3.3 165.0 

Piumbing . 50 1.5 75.0 

Electric wiring 50 2.0 100.0 

Partitions 70 1.2 84.0 

Joinery 70 3.4 238.0 

Fixtures (plumbing) 29 12.6 365.4 

Roofing (tile) 59 2.0 118.0 

Blistering 54 3.8 205.2 

Marble 54 9.6 518.4 

Elevator . . 30 3.1 93.0 

Hardware 37 0.5 18.5 

Glass 14 1.3 18.2 

Paint 10 0.8 8.0 

Total . . , 100 7327.6 

7327.6 

Means equals 7 3.2 76 per cent of 06 vears, or a mean life of 

100 48.36 years. 

Separate Board for Management of Penitentiary. 

On page 20 of the second (1917) biennial report 
of the Oregon State Board of Control it stated that, 
"The State Penitentiary is in a class by itself.''' 
With this statement this commission is in most 
hearty accord. The questions concerning the peni- 
tentiary are so numerous and complex that it seems 
to us that administrative solution and application 
requires that the control of the institution be sepa- 
rated from the administrative problems of other 
state institutions. The numerous and exacting de- 
mands of the other state institutions, now under the 
control and supervision of the State Board of Con- 
trol, leaves but little time for the members of the 
board to concentrate their attention upon the affairs 
of the State Penitentiary to the extent of the in- 
auguration of a new system of penology. Again, it 
must.be remembered that each member of the Board 
of Control has executive and administrative duties 
to perform under the state constitution. Under no 
existing conditions could the Board of Control or 
its individual members have concentrated their at- 
tention to the problems of the penitentiary to the 
extent that this commission has done during the 
past two months ; yet the work of this commission 
represents but a beginning in a comprehensive con- 
structive program. 

Therefore, in consideration of the above facts: 
It is recommended that the complete control of the 
penitentiary be vested in a civilian non-salaried 
board of three members. We are not without prece- 
dent in this recommendation; we find that some of 
the best governed prisons — those employing the new 
penology — to be so governed. We further recom- 
mend that the proposed board be appointed by the 
Governor. He is the state's chief executive and as 



73 

such should not be deprived of his usual prerogative 
of appointment. Also the people of the state are 
entitled to the application of the principle of single 
responsibility for appointments to public office. We 
further recommend that the members of the board 
have a fixed tenure of office with individual terms 
expiring at different times. 

The value of such an arrangement is that the 
prison policy would possess stabilit}^ and at the same 
time would be capable of being gradually adjusted 
to any future policy that might merit recognition. 

We recommend that the term of each member be 
for six years, excepting that at the time of the orga- 
nization of the board that the Governor appoint one 
member for a two year term, another for a four year 
term and the other for the full six year term, and 
that the members of the board receive a $5.00 per 
diem compensation and expenses and be required to 
meet at least once a month. 

Supervision of Religious and Educational Work. 

The commission is of the opinion that the present 
law providing for the attending to the spiritual 
wants of the inmates of the penitentiary by two 
chaplains, one a non-Cathoiic and the other a Catho- 
lic, is about as good an arrangement as can be ob- 
tained. The Christian religion has in its funda- 
mental tenets divided itself into the Protestant and 
Catholic branches. Numerous inmates of the peni- 
tentiary profess to have embraced the one or the 
other of these branches. As we understand it by 
the rules of the Board of Control there is provision 
for religious services at the penitentiary by denomi- 
national ministers of faith other than that of the 
Protestant chaplain. 

The commission does recommend, however, that 
equal recognition be given to religious teachings in 
the penitentiary to the extent that such teachings 
be considered a part of the necesary means to ac- 
complish the reformation of the inmates. 

The commission finds that since the fire of May. 
1916, which destroyed the building in which the 
penitentiary school was conducted, that there has 
been no accommodations for school work and no 
such work undertaken. 

The commission recommends that school accommo- 
dations be at once provided, that a common school 
course be outlined and supervised, either by the 
State Superintendent of Public Instruction or the 
School Superintendent of Marion County ; that civil- 
ian teacher be employed, and that where possible 



74 

inmates, who are qualified, be assigned to school 
instruction work. That all inmates unable to read 
and write be required to at least take instruction in 
thise branches. That vocational draining be estab- 
lished in so far as it is possible to do so ; and that a 
competent teacher versed in several lines of voca- 
I'o.ul teaching be employed. 

The reason for the above recommendation is that 
by common school and vocational training inmates 
of the penitentiary are, when liberated, better quali- 
fied to adjust themselves to the economic conditions 
with which they will be confronted. 

The commission recommends that the warden be 
required to establish compulsory military training 
and calisthenics for the inmates of the penitentiary. 
By th's moans respect for authority would be em- 
phasized; health promoted, idleness reduced and a 
b tUr compliance with discipline obtained. A flag 
pals and flag should be placed within the grounds 
c± the inner prison and military ceremony be ob- 
served in reference thereto. Inside officials, except 
the warden, should be in uniform, and inmates 
should be required to salute prison officials. 

Vice. 

From all quarters there came to the commission 
testimony of the existence of vice among inmates in 
the penitentiary. It seems to exist in alarming 
proportions. It is agreed that for the most part it 
is the n Milt of the two men to the cell system. 

In the opinion of the commission vice cannot be 
controlled as long as the two men to the cell system 
obtains. It is therefore most urgently recommended 
that immediate steps be taken to provide, at the; 
earliest possible moment, the one man to the cell 
system. This would not apply to trusties if placed 
in dormitory rooms, containing at least six or eight 
men each. 

With reference to vice in the institution we find 
some cases of what seem to be congenital homo- 
sexuality; such cases are not those of vice, they 
present a pathological condition. Of this condition. 
in a recent work, Bernard S. Talmey. M. D., says: 
'■'•The ho'morsexual feeling is an abnormal congenital 
manifestation of tin 1 cerebral part of the vita sex- 
ualis. The essential feature of the manifestation is 
the want of sexual sensibility for the opposite sex, 
even to the extent of being inspired with horror of 
it. This disease must not be confounded with vice. 
Perversity is not perversion:. Sexual acts with the 
same sex .arc not proof of the presence of real 



75 



perversion. 

" Homo-sexuality is prevalent in boarding schools 
and colleges of both sexes, yet very few or none of 
these boys or girls are real inverts. Perverse acts 
>ceiir when obstacles are in the way of natural 
sexual satisfaction. .When the obstacles are removed 
the individuals return to normal sexual functions." 

Again he says: "Sometimes, however,' functional 
retrogression or atavistic recurrence in earlier 
hermaphroditic forms of the animal kingdom may 
take place r or traces of the conquered sexuality, at 
least so far as the mental characteristics are con- 
cerned, may remain; and it is these that provoke 
the manifestations of inverted sexuality. Individ- 
uals, thus affected, have a sexually abnormal in- 
stinct, which is out of harmony with the physical 
s x and its role in the function of procreation." 

We therefore suggest that in cases of congenital 
homo-sexuality in the penitentiary, ordinary punish- 
iii' lit; is of to avail. That isolation has no correc- 
tio al value, other than that of segregation. In 
such cases and in cases of incest and in all cases 
where the sex abnormality has manifested itself in 
criminal tendency we recommend a well guarded 
providing for castration, We regard simple 
r \;:i!:sotio:i or the slight operation of vasectomy 
as cf value only to prevent procreation. It should 
be indicated f or *he feeble minded, but for those of 
pronounced criminal tendency as the result of sex 
abnormality it is not sufficient. On these points 
Takrry says, referring to sterilization: "This small 
operation has no more effect upon a person, in re- 
gaid to his potency, than an obliteration of the vas 
deferens in the male or the fallopian tube in the 
female ; and these obliterations cause so little incon- 
venience that they remain, as a rule, unknown to 
the man or woman. They are only accidentally dis- 
covered when the patients apply for the treatment 
of their sterility." 

Of castration he says: "Sterilization does not 
deprive the individual of his desire for congressus 
nor the ability to perform the same, nor of the 
faculty of experiencing libido. Hence the murderous, 
and erotically degenerated criminal classes will re- 
main a menace to society until they are deprived, not 
only of the potency of procreation but also the 
potency concarnationis and of experiencing libido. 
The method of castration, therefore, should be re- 
served as a penalty for the outspoken, habitual 
brutal criminal, the rapist, the confirmed inebriate, 



76 

the incorrigible burglar or gunman, the gibbering 
idiot, or imbecile cretin with inherited tendency to 
crime, and the unstable erotopath." 

In concluding' this report the commission takes 
this opportunity of expressing its appreciation for 
courtesies extended, either to it or some of its mem- 
bers,, by the following: Acting Warden Derrick. 
Sing Sing Prison, New York ; Warden Ward A. 
Garner, Connecticut State Prison, Hartford, Conn. ; 
Warden Jacob, Detroit House of Correction, Detroit, 
Mich.; Warden Nathan B. Simpson, Michigan State 
Prison, Jackson, Mich.: Warden Zimmer, Illinois 
State Prison, Joliet, 111. ; Warden C. S. Reed, Min- 
nesota State Prison, Stillwater, Minn. ; Captain Stoll, 
Chicago Detention Home, Chicago, 111.; The Presi- 
dent of the Parole Board and the Parole Officer of 
the State of Minnesota; Mr. George A. Thacher, 
Portland, Oregon; The Portland Public Library, 
Portland, Oregon; Woodard-Clarke Drug Company, 
Portland, Oregon ; Mr. Edward Lindsay, chairman 
of Committee "F" of the Institute of Criminal Law 
and Criminology, Warren, Pa., and Mr. W. C. Knigh- 
ton. A. I. A., Portland, Oregon. 

Respectfully submitted, 

L. J. WBNTWORTH, 

E. E. BRODIE, 

F. W. MULKEY, Chairman. 



. '.•;• 



Syracuse. N. Y. 

PAT. JAN. 21. M8 



